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Donald Trump

New York judge in hush-money trial rejects Trump's

request for delay until after SCOTUS rules on immunity
Trump's lawyers had asked to adjourn the New York trial indefinitely until Trump's immunity claim in his Washington, DC,
election interference case was resolved
By Brooke Singman , Bradford Betz Fox News

Published April 3, 2024 5:16pm EDT

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The New York judge overseeing former President Donald Trump’s hush money trial has
rejected his bid for a delay until the U.S. Supreme Court rules on the issue of presidential
immunity.

Manhattan Judge Juan M. Merchan deemed Trump’s request untimely, ruling that his
lawyers had plenty of opportunities to raise the immunity issue before they did earlier this
month.

"This Court finds that Defendant had myriad opportunities to raise the claim of
presidential immunity well before March 7, 2024," Merchan wrote, adding that Trump and
his lawyers could have made the argument on September 29, 2023, which he says was
just six days before he made the same presidential immunity argument in Special Counsel
Jack Smith's investigation into Jan. 6 and election interference.

The United States Supreme Court will consider the issue of presidential immunity in
Smith's case on April 25.

Merchan denied Trump's motion "in its entirety as untimely."

"The Court declines to consider whether the doctrine of presidential immunity precludes
the introduction of evidence of purported official presidential acts in a criminal
proceeding," Merchan wrote.

Donald Trump speaks after NYPD wake. (Fox News)

TRUMP HUSH-MONEY CASE ‘COULD NOT BE WORSE FOR OUR COUNTRY,’ JONATHAN
TURLEY WARNS

Lawyers for the presumptive Republican nominee had asked to adjourn the New York trial
indefinitely until Trump's immunity claim in his Washington, D.C., election interference
case is resolved. The Supreme Court is expected to hear arguments later this month and
issue a ruling in mid-June.

Merchan previously chided Trump's lawyers for missing a filing deadline, waiting more
than two weeks before jury selection to raise the immunity issue and failing to "explain the
reason for the late filing."

Trump contends he is immune from 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.

Manhattan District Attorney Alvin Bragg speaks during a news conference on Thursday, March 7, 2024, in Manhattan, New
York. (Barry Williams/New York Daily News/Tribune News Service via Getty Images)

The trial stemming from Manhattan District Attorney Alvin Bragg’s years-long investigation
into alleged hush-money payments ahead of the 2016 election is set to begin with jury
selection on April 15. Upon setting the trial date, Merchan granted Bragg’s request for a
gag order to be imposed on Trump.

The charges against Trump in the Bragg case are related to alleged hush-money payments
made during the 2016 presidential campaign.

Trump pleaded not guilty to all 34 counts of falsifying business records in the first degree
last year.

In2019, federal prosecutors in the Southern District of New York opted not to charge
Trump related to the payments made to adult film actress Stormy Daniels and former
Playboy model Karen McDougal.

The Federal Election Commission also tossed its investigation into the matter in 2021.

The Associated Press contributed to this report.

Brooke Singman is a political correspondent and reporter for Fox News Digital, Fox News Channel and
FOX Business.

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