Donald Trump can seek dismissal of hush money case as sentencing postponed
A judge has postponed sentencing in Donald Trump’s hush money case and granted permission for his lawyers to seek a dismissal.
It comes after the Manhattan district attorney said he wouldn’t oppose a motion to delay the sentencing.
In May, a New York jury found Trump guilty of 34 counts of falsifying business records to commit election fraud.
It was the first time a US president had been convicted of or charged with a criminal offence.
Trump had tried to cover up “hush money” payments to a porn star in the days before the 2016 election.
When Stormy Daniels‘ claims of a sexual liaison threatened to upend his presidential campaign, Trump directed his lawyer to pay $130,000 (£102,000) to keep her quiet.
The payment buried the story and he later won the presidency.
Trump denied the charges and said the case was politically motivated. He also denied the sexual encounter took place.
New York State Supreme Court Justice Juan Merchan today delayed the sentencing, which had been due to take place on Tuesday.
The New York case revolved around payments to Stormy Daniels. Pic: AP
The office of district attorney Alvin Bragg had asked the judge to postpone all proceedings until Trump finishes his four-year presidency, which starts on 20 January.
Trump’s lawyers say the case should be dismissed because it will create “unconstitutional impediments” to his ability to govern.
Responding to Friday’s decision, a Trump campaign spokesman said: “The American People have issued a mandate to return him to office and dispose of all remnants of the Witch Hunt cases.”
The judge set a 2 December deadline for Trump’s lawyers to file their motion, while prosecutors have until 9 December to respond.
He did not set a new date for sentencing or indicate when he would rule on any motion to throw out the case.
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Even before Trump’s win in this month’s election, experts said a jail term was unlikely and a fine or probation more probable.
But his resounding victory over Kamala Harris made the prospect of time behind bars or probation even less likely.
Trump, 78, was also charged last year in three other cases.
One involved him keeping classified documents after he left office and the other two centre on alleged efforts to overturn his 2020 election loss.
A Florida judge dismissed the documents case in July, the Georgia election case is in limbo, and the Justice Department is expected to wind down the federal election case as it has a policy of not prosecuting a sitting president.
Trump last week nominated his lawyers in the hush money case, Todd Blanche and Emil Bove, for senior roles in the Justice department.
When he re-enters the White House, Trump will also have the power to shut down the Georgia and New York cases.
US
Matt Gaetz: Ex-Trump attorney general pick paid women for sex, including with a 17-year-old girl, US House report says
Matt Gaetz, who was briefly Donald Trump’s nominee for US attorney general, paid women for sex, including with a 17-year-old girl, and used drugs while he was a member of Congress, a committee has said.
The House Ethics Committee’s report concluded there was “substantial evidence” that the former Florida congressman violated House rules, state and federal laws, and other standards of conduct banning prostitution, statutory rape, illicit drug use, and obstruction of Congress.
And the committee accused the 42-year-old of accepting gifts of luxury travel in excess of permissible limits with a trip to the Bahamas in 2018.
The House of Representatives panel wrote: “From 2017 to 2020, Representative Gaetz made tens of thousands of dollars in payments to women that the Committee determined were likely in connection with sexual activity and/or drug use.”
The Republican, who denies any wrongdoing, had sought a restraining order against the committee in a bid to halt the release of its report summarising its investigation.
The filing accused the committee of an “unconstitutional” attempt “to exercise jurisdiction over a private citizen through the threatened release of an investigative report containing potentially defamatory allegations, in violation of the committee’s own rules”.
Last month, Trump ally Mr Gaetz withdrew his name from consideration to be the next US attorney general – the country’s top legal official.
Mr Gaetz said his selection was “unfairly becoming a distraction” to the transition of Mr Trump’s administration into the White House.
Donald Trump and Matt Gaetz in August 2023. Pic: Reuters
The Florida Republican had faced scrutiny over previous sex trafficking allegations which were investigated by the department he had been picked by the president-elect to lead.
Mr Gaetz was re-elected to the House of Representatives in November this year but resigned after Mr Trump nominated him as attorney general.
The 37-page House report said: “From at least 2017 to 2020, Representative Gaetz regularly paid women for engaging in sexual activity with him.
“In 2017, Representative Gaetz engaged in sexual activity with a 17-year-old girl. During the period 2017 to 2019, Representative Gaetz used or possessed illegal drugs, including cocaine and ecstasy, on multiple occasions.”
‘Sex with 17-year-old girl’
The ethics panel received testimony that Mr Gaetz had sex with a 17-year-old girl, described in the report as Victim A.
It said: “Victim A recalled receiving $400 in cash from Representative Gaetz that evening, which she understood to be payment for sex.
“Victim A said that she did not inform Representative Gaetz that she was under 18 at the time, nor did he ask her age.”
Mr Gaetz was investigated by the Justice Department for three years over sex trafficking allegations. No criminal charges were brought.
The ethics panel said there was not enough evidence that Mr Gaetz violated the federal sex trafficking statute.
All of the women who testified said the sexual encounters with Mr Gaetz were consensual.
‘I feel violated’
However, one woman told the committee that the use of drugs at the parties and events they attended may have “impair[ed their] ability to really know what was going on or fully consent”.
Another woman told the committee: “When I look back on certain moments, I feel violated.”
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