Trump wants N.Y. hush money trial to wait for Supreme Court immunity ruling

U.S. Court News

Donald Trump is seeking to delay his March 25 hush money trial until the Supreme Court rules on the presidential immunity claims he raised in another of his criminal cases.

The Republican former president’s lawyers on Monday asked Manhattan Judge Juan Manuel Merchan to adjourn the New York criminal trial indefinitely until Trump’s immunity claim in his Washington, D.C., election interference case is resolved. Merchan did not immediately rule.

Trump contends he is immune for prosecution for conduct alleged to involve official acts during his tenure in office. His lawyers argue some of the evidence and alleged acts in the hush money case overlap with his time in the White House and constitute official acts.

The Supreme Court is scheduled to hear arguments April 25, a month after the scheduled start of jury selection in Trump’s hush money case. It is the first of his four criminal cases slated to go to trial as he closes in on the Republican presidential nomination in his quest to retake the White House.

The Manhattan district attorney’s office declined to comment. Prosecutors are expected to respond to Trump’s delay request in court papers later this week.

Trump first raised the immunity issue in his Washington, D.C., criminal case, which involves allegations that he worked to overturn the results of the 2020 election in the run-up to the violent riot by his supporters at the U.S. Capitol on Jan. 6, 2021.

The hush money case centers on allegations that Trump falsified his company’s internal records to hide the true nature of payments to his former lawyer Michael Cohen, who helped Trump bury negative stories during his 2016 presidential campaign. Among other things, Cohen paid porn actor Stormy Daniels $130,000 to suppress her claims of an extramarital sexual encounter with Trump years earlier.

Trump’s lawyers argue that some evidence Manhattan prosecutors plan to introduce at the hush money trial, including messages he posted on social media in 2018 about money paid to Cohen, were from his time as president and constituted official acts.

Trump pleaded not guilty last year to 34 felony counts of falsifying business records. He has denied having a sexual encounter with Daniels, and his lawyers argue the payments to Cohen were legitimate legal expenses and not part of any cover-up.

A federal judge last year rejected Trump’s claim that allegations in the hush money indictment involved official duties, nixing his bid to move the case from state court to federal court. Had the case been moved to federal court, Trump’s lawyers could’ve tried to get the charges dismissed on the grounds that federal officials have immunity from prosecution over actions taken as part of their official duties.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.