President Trump has asked the full U.S. Court of Appeals for the Second Circuit to delay his criminal hush money case in New York.
Trump’s defense attorneys, Todd Blanche and Emil Bove, filed a request on Monday for an “en banc” hearing to pause the proceedings indefinitely. They argued that a federal court should determine how the U.S. Supreme Court’s recent presidential immunity ruling applies to Trump’s case. In their letter to the Second Circuit, the attorneys said the stay was necessary to ensure Trump’s right to a “fair and orderly litigation” of the immunity defense.
The request comes after New York Judge Juan Merchan postponed Trump’s sentencing from Sept. 18 to Nov. 26, with a decision on the dismissal of the verdict due on Nov. 12.
Trump is seeking dismissal of the case, following the Supreme Court's decision that he is entitled to immunity from criminal prosecution for actions taken while serving as president. However, U.S. District Judge Alvin Hellerstein rejected Trump's attempt to transfer the case to federal court last week. Hellerstein stated that the hush money payments, at the center of the case, were private acts outside the scope of executive authority, and thus unaffected by the Supreme Court ruling.
Trump’s legal team has since appealed Hellerstein’s decision, requesting that the Second Circuit intervene and stay the ruling.
