Trump's legal team urges New York judge to vacate conviction in hush money case

According to a source familiar with the matter, Trump’s lawyers are changing their approach and are now seeking to vacate the conviction rather than simply delaying it.

In a strategic move, Donald Trump’s legal team is preparing to request the withdrawal of his upcoming conviction in New York in connection with his hush money case earlier this year. According to a source familiar with the matter, Trump’s lawyers are changing their approach and are now seeking to vacate the conviction rather than simply delaying it.

Legal argument for presidential immunity

Trump’s legal team is expected to file within days and argue that as president-elect, Trump should receive the same constitutional protections as a sitting president. They claim that this protection should protect him from prosecution by state authorities. The legal filing will target Judge Juan Merchan’s deadline of November 12, the date by which he must decide whether Trump’s conviction can be overturned following a recent Supreme Court decision on presidential immunity.

Potential Conviction Outcomes

If Judge Merchan proceeds with the sentencing, Trump could face up to four years in prison. However, the judge has the discretion to impose a lesser sentence, such as probation, house arrest, community service or a financial fine. The upcoming inauguration on January 20, 2025 adds additional complexity as any ruling must address whether a state judge has the authority to convict a president-elect.

Probably an appeal for a postponement of sentencing

Trump’s lawyers are expected to challenge the court’s jurisdiction, likely on constitutional grounds. This approach could prolong the case in court, possibly for years. Although Trump may assume the presidency in January, his power to pardon does not extend to state-level convictions, meaning any state sentence would remain outside his executive authority.

This legal maneuver marks a pivotal moment for Trump as he navigates his upcoming role and ongoing legal challenges.