'Been there done that': Ex-prosecutor says Trump's motion in hush payment case is doomed
March 11, 2024
Former President Donald Trump's new ploy to delay the New York hush money criminal case is doomed to fail, argued former prosecutor Kristy Greenberg on MSNBC Monday.
The new motion filed by Trump cites his claim to presidential immunity, which he has also used to put his federal election conspiracy case on hold, as grounds to exclude all evidence that came from when he was president, including some provided by his former attorney and fixer Michael Cohen.
Greenberg argues there's a big reason this isn't going to go anywhere: Trump tried a similar argument last year only to see it rejected by U.S. District Judge Alvin Hellerstein.
"Trump's lawyers sought to remove the case to federal court," Greenberg noted. "This very issue was put before Judge Hellerstein, and he said Trump is not immune from the people of New York's prosecution in New York Supreme Court. "
Greenberg then detailed the allegations that will be difficult to label as presidential.
"He specifically went through these same duties that they are trying to put forth now and said these are not presidential duties," Greenberg said. "Hiring and making payments to your personal attorney to handle personal affairs? Not a presidential duty. Reimbursing Cohen for advancing the hush money? Not a presidential duty. That is law of the case."
The former prosecutor reminded viewers that Trump's attorneys did not appeal that ruling.
"They didn't even bring it up in the time frame they were supposed to for a motion in limine, which is just trying to exclude certain evidence from trial," Greenberg said. "This is not only been there done that, they've been ruled on in the federal court in the same case, but it's also untimely."
Watch the video below or at the link here.
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