NEW YORK: Donald Trump on Tuesday asked a New York state judge to dismiss the criminal case in which he was convicted in May of 34 felony counts involving hush money paid to a porn star in light of his victory in the Nov. 5 US presidential election.
Justice Juan Merchan last month delayed Trump’s previously scheduled Nov. 26 sentencing indefinitely to give him the chance to seek dismissal. Trump’s lawyers argue having the case loom over his four-year presidential term that begins on Jan. 20 would cause “unconstitutional impediments” to the Republican businessman-turned-politician’s ability to govern.
Prosecutors with Manhattan District Attorney Alvin Bragg’s office supported delaying the sentencing to give Trump the chance to make his case for dismissal, though they said they would oppose that bid. The prosecutors have until Dec. 9 to respond.
The judge has not indicated when he would rule on Trump’s motion to dismiss, and has not set a new date for sentencing. Bragg’s office has suggested he defer all proceedings in the case until Trump, 78, leaves the White House in 2029.
The New York case stemmed from a $130,000 payment Trump’s former lawyer Michael Cohen made to adult film actress Stormy Daniels for her silence before the 2016 election about a sexual encounter she has said she had a decade earlier with Trump, who denies it.
A Manhattan jury found Trump guilty of falsifying business records to cover up his reimbursement of Cohen. It was the first time a US president — former or sitting — had been convicted of or charged with a criminal offense.
Trump pleaded not guilty in the case, which he has sought to portray as a politically motivated attempt by Bragg, a Democrat, to interfere with his presidential campaign.
Falsification of business records is punishable by up to four years in prison. Before he was elected, experts said it was unlikely — but not impossible — that Trump would face time behind bars, with punishments such as a fine or probation seen as more likely.
Trump’s victory over Democratic Vice President Kamala Harris in the Nov. 5 election made the prospect of imposing a sentence of jail or probation even more politically fraught and impractical, given that a sentence could have impeded his ability to conduct the duties of the presidency.
Trump was charged in three additional state and federal criminal cases in 2023, one involving classified documents he kept after leaving office and two others involving his efforts to overturn his 2020 election loss.
He pleaded not guilty in all three cases. None have gone to trial.
A Washington judge on Nov. 25 dismissed the federal criminal case over his attempts to hold onto power. Prosecutors had moved to drop both that case and the classified documents case due to a Justice Department policy against prosecuting a sitting president.
Trump also faces state criminal charges in Georgia over his bid to reverse his 2020 loss in that state, but that case remains in limbo.
As president, Trump would have no power to shut down the New York or Georgia cases because they were filed in state courts.
Trump in November nominated his defense lawyers in the hush money case, Todd Blanche and Emil Bove, to serve senior roles at the Justice Department during his administration.
Trump urges judge to dismiss hush money case due to election victory
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Trump urges judge to dismiss hush money case due to election victory
- Trump’s lawyers argue having the case loom over his four-year presidential term that begins on Jan. 20 would cause “unconstitutional impediments” to the Republican businessman-turned-politician’s ability to govern
What to know about the search for the Brown University shooting suspect
- The video from more than hour before the attack shows the suspect running at times in quiet residential streets near campus
PROVIDENCE, R.I.: With the Brown University shooter still on the loose Tuesday, authorities released new video of a suspect and police fanned out to Providence schools to reassure parents, kids and teachers as investigators pushed for new evidence that might help them crack the case.
Here’s a look at what to know about the attack and the search:
Search on after new video and description of suspect
Authorities released a video timeline and a slightly clearer image of the man suspected in Saturday’s attack in an engineering building classroom, where two students were killed and nine were wounded. The video from more than hour before the attack shows the suspect running at times in quiet residential streets near campus.
In videos previously made public, the suspect’s face was masked or turned away and authorities were only able to give a vague description of him as having a stocky build and about 5 feet, 8 inches (173 centimeters) tall.
The gunman fired more than 40 rounds from a 9 mm handgun, a law enforcement official told The Associated Press on the condition of anonymity because they weren’t authorized to discuss the investigation publicly.
Police have asked the public for tips, and said they had received about 200 by Tuesday. Col. Oscar Perez, the Providence police chief, asked the public Tuesday to look at their camera systems in the area where the person was walking to review any footage that goes back a week.
Authorities on Sunday released a different person of interest after determining he wasn’t behind the attack, which happened in a first-floor classroom where students were cramming for an exam. Providence police spokeswoman Kristy dosReis said the man’s detention didn’t affect the ongoing investigation.
Police fan out to local schools
Tensions remain high in Providence. Ten state troopers were assigned to support the local police sent to beef up security at schools, district Superintendent Javier Montañez said. The district said it canceled after-school activities, sporting events and field trips this week “out of an abundance of caution.”
The attack and the shooter’s escape also have raised questions about campus security, including a lack of security cameras, and led to calls for better locks on campus doors. But some said what they called the real issue needs to be addressed.
“The issue isn’t the doors, it’s the guns,” said Zoe Kass, a senior who fled the engineering building Saturday.
Authorities have said that one reason they lacked video of the shooter was because Brown’s older engineering building doesn’t have many cameras.
University defends response
Brown President Christina Paxson defended the university’s response, saying it was deeply committed to the safety, security and well-being of its students. She also said the campus is equipped with 1,200 cameras.
“I have been deeply saddened by people questioning that,” she said Tuesday. “As time goes on, there is a natural instinct to assign responsibility for tragic events like this. Anxiety here is very natural, but the shooter is responsible.”
Paxson said the university has two security systems. One system is activated at a time of emergency and sent out text messages, phone calls and emails that, in this shooting, reached 20,000 individuals. The other system features three sirens across campus, but Paxson said that would not be activated in an active shooter situation.
“Those get activated when there is a broad scale emergency, and we want people to rush into buildings,” she said. “In the case of an active shooter, activating that system could have caused people to rush into Barus and Holley.”
When pressed by a reporter who noted the university website says the sirens can be used when there is an active shooter, Paxson reaffirmed she didn’t think it would be used in that situation.
“It depends on the circumstances and where the active shooter would be but you don’t want to ever get people rushing into buildings that might be the site of an active shooter,” she said.
Details about the victims emerge
Two of the wounded students had been released from the hospital as of Tuesday, Brown spokeswoman Amanda McGregor said. Of the seven others, one remained in critical condition, five were in critical but stable condition and one was in stable condition, Providence Mayor Brett Smiley said.
One of the wounded, 18-year-old freshman Spencer Yang of New York City, told the New York Times and the Brown Daily Herald there was a scramble after the gunman entered the room. Yang said he wound up on the ground and was shot in the leg.
The students who died were MukhammadAziz Umurzokov, an 18-year-old freshman from Brandermill, Virginia, and Ella Cook, a 19-year-old sophomore from a suburb of Birmingham, Alabama.
Jacob Spears, 18, a freshman from Evans, Georgia, was shot in the stomach, “but through sheer adrenaline and courage, he managed to run outside, where he was aided by others,” according to a GoFundMe site organized for him.
Durham Academy, a private K-12 school in Durham, North Carolina, confirmed that a recent graduate, Kendall Turner, was wounded.
