NEW YORK — Donald Trump on Monday sought to delay his New York criminal trial, scheduled to start March 25, with claims related to presidential immunity, which several legal experts described as an attempt at distraction unlikely to work on the judge overseeing the case.
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Trump seeks delay in N.Y. trial pending Supreme Court hearing on immunity
The New York trial is expected to be the first of four possible criminal trials against Trump, marking the first time a former U.S. president has faced such a charge. Trump, who is campaigning for reelection, appears the likely Republican nominee to challenge Biden in the 2024 election.
“This is a desperate move by somebody who wants to be sure that none of the trials can possibly happen in time to inform the voters before the election in November,” said George Washington University Law School professor Catherine Ross.
Trump faces four indictments — 91 criminal counts — for his role in the Jan. 6, 2021, attempt by a mob of his supporters to block the peaceful transfer of power by taking over the U.S. Capitol; for allegedly storing classified government records at his Mar-a-Lago home after being asked to return them; for alleged efforts to reverse his 2020 election loss in Georgia; and for allegedly falsifying records to cover up the nature of a payment to adult-film actress Stormy Daniels before the presidential election in 2016.
Trump’s election obstruction trial in federal court in D.C. has been postponed because of Trump appeals, and his cases in Florida and Fulton County, Ga., are mired in litigation.
Trump lawyers Susan Necheles and Todd Blanche argued in the 26-page filing in the New York case that it “is appropriate to await further guidance from the Supreme Court, which should facilitate the appropriate application of the presidential immunity doctrine in this case to the evidence the People intend to offer at trial.” They are also seeking to have some of the evidence excluded on immunity grounds.
Necheles and Blanche argued that legal distinctions between personal and presidential acts are key to their case. “This area of law is evolving in real time,” the lawyers wrote.
A spokesperson for Manhattan District Attorney Alvin Bragg declined to comment. His office is expected to file opposition papers this week.
Karen Friedman-Agnifilo, a former top executive in the Manhattan district attorney’s office under Bragg’s predecessor, said that the defense making this type of motion shortly before the trial was to be expected and is motivated by a desire to buy time, but that it’s devoid of legally sound rationales.
“We were waiting to see what tactic he would take,” Friedman-Agnifilo said. “There were several that he could take in order to delay this case because he clearly doesn’t want to go to trial on this or any other case.”
Friedman-Agnifilo said that Trump’s lawyers appear to be making the request to New York Supreme Court Justice Juan Merchan because of the timing this month of the Supreme Court’s agreement to hear the case. “That’s why [Trump is] going to say he couldn’t do it sooner. However, the arguments he makes are all recycled from his prior presidential immunity arguments.”
Trump’s motion points to evidence expected to be used at trial by Bragg’s team, including tweets Trump sent as president. Trump’s side said that Bragg’s plan to use that kind of evidence means the New York case has issues that overlap with the D.C. election obstruction indictment where presidential immunity is still undecided.
Merchan has repeatedly said the trial date is a firm one, rebuffing past attempts by Trump’s side to push it back. Last week, a day after the adjournment request was made, Merchan issued an order saying that his permission was required to file any other motions before the trial start, noting that Trump’s motion “does not explain the reason for the late filing, a mere two and a half weeks before jury selection is set to begin.”
It is unclear whether Merchan will reject the new request by highlighting the differences between the Jan. 6 case and the one before him that accuses Trump of fabricating business records to conceal a $130,000 payment to Daniels.
Prosecutors argue that Trump’s reimbursements to his former lawyer Michael Cohen for the Daniels payment were illegally classified as routine legal expenses, when they were intended to benefit Trump’s presidential campaign and should have been reported to campaign finance authorities.
Trump was indicted on 34 counts of falsifying business records, a low-level felony, that is eligible for a term of incarceration if he is convicted. The trial is expected to last about two months.
The former president has denied having a sexual encounter with Daniels years before the payment was made. He has alternately said the payment was a personal matter not related to his candidacy and that Cohen acted on his own.
Trump has previously pushed an immunity argument without success, including when he tried to get the state court case removed to federal court on the basis that some of the reimbursement payments at issue in the prosecution occurred while he was a sitting president. Trump lost that effort and failed to preserve his right to argue it.
“It is a desperate and frivolous effort to achieve the delay that is always the hallmark of how Trump litigates these cases, but here, it’s not going to work,” said Norman Eisen, a former White House special counsel and former U.S. ambassador to the Czech Republic who served in the Obama administration.
Eisen pointed to a decision by U.S. District Court Judge Alvin Hellerstein on July 19, 2023, which explicitly says that Trump had waived his presidential immunity argument in the New York matter. Although Trump began to appeal that decision, which denied his request to move the case to federal court, he withdrew the appeal in November.
Eisen said Trump had every right to raise the arguments he is now making with Hellerstein in federal court but failed to. The Bragg case was “an obvious contender” for a presidential immunity claim all along, Eisen said.
“That was the right time to do it. He waived it, and the judge noted he waived it,” Eisen said, adding that he expects Merchan to give the new motion “the back of the hand and rightly so.”
Ross, the GW Law expert, agreed that the last-minute motion in New York is a losing battle. She said the defense motion in the New York case was filed “to gum up the works and delay the trial that’s supposed to begin this month.”
“Every day [Trump’s side is] looking for another headline that gets people distracted from what the real issues are,” Ross said.
Former federal prosecutor Michael Zeldin said Trump’s claims in the New York motion don’t compare to the facts of the Jan. 6-related case that the Supreme Court will address. In that case, “at least [Trump] can argue that I’m the president of the United States, I’m trying to make sure there isn’t fraud in the election process.”
“Here, it’s just not even arguable,” Zeldin said.
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The U.S. men’s run at the World Cup ends with a 4-1 Round of 16 loss to Belgium
Charles De Ketelaere #17 of Belgium celebrates after scoring his team’s second goal during the World Cup Round of 16 match against the United States on Monday in Seattle.
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SEATTLE — This time was supposed to be different.
The U.S. men’s national team came into this FIFA World Cup with a lineup full of players with key roles in Europe’s top leagues. They had the name-brand coach — Mauricio Pochettino, of Tottenham, PSG and Chelsea fame. And they had homefield advantage, with every game on U.S. soil for the first time in three decades.

For weeks, the hype seemed like it might be real: The team’s three wins over Paraguay, Australia and Bosnia-Herzegovina were the most ever by a U.S. men’s squad in a World Cup. A new generation of American fans filled stadiums by the tens of thousands and tuned in on TV by the tens of millions.
But in the end, the Americans’ exit was the same as it ever was: Eliminated yet again in the Round of 16 at the hands of a European team — this time, Belgium, by a score of 4-1.
From the moment they stepped onto the Seattle field, the U.S. was outclassed by their opponent, No. 9-ranked Belgium. Countless turnovers and defensive lapses were seized on by the Belgians, who needed only nine minutes to take a 1-0 lead.

Then, once the Americans equalized on a free kick by midfielder Malik Tillman, Belgium scored yet again in barely a minute of play. Belgian forward Charles De Ketelaere scored both his team’s first-half goals.
After halftime, came an embarrassing nail in the coffin that silenced the Seattle sellout crowd for good — a 57th minute roll-in by Hans Vanaken after a slip-up by goalkeeper Matt Freese outside of the penalty area left the goal unguarded. Belgian forward Romelu Lukaku added a stoppage-time goal to seal the final score at 4-1.
Malik Tillman #17 of the United States celebrates scoring his team’s only goal during their World Cup match against Belgium. In what was one of the few bright spots of the game, the U.S. pulled even with Belgium at 1-1. The tie lasted less than two minutes before Belgium scored again.
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“It stinks,” said U.S. midfielder Tyler Adams. “Tonight was not a good performance overall. It’s not what we look to achieve. There [were] a lot of things that we could have done better.”
The U.S. had entered Monday’s game under a cloud of controversy around their striker Folarin Balogun, who was shown a red card in last week’s Round of 32 match against Bosnia-Herzegovina. An automatic one-game suspension was set to sideline Balogun, the Americans’ leading scorer at the World Cup, for Monday’s game.
Then, the day before the game, a FIFA disciplinary panel took the highly unusual step of delaying Balogun’s suspension by a year to allow him to participate. Then, news broke that President Trump had personally called FIFA president Gianni Infantino to encourage him to review the red card.
The Royal Belgian Football Association said it would protest Balogun’s inclusion in the lineup. But even at full strength, the U.S. were never real contenders in Monday’s game.
U.S. defender and team captain Tim Ream said the controversy swirling around the team had no impact. “We were fully focused on us as a group and as a team and fully focused on the game and not really worrying about what was being said or debated in the outside world.”
Belgium will advance to the quarterfinals for the third time in the past four World Cups, where it will face Spain on Friday in Los Angeles.
Mauricio Pochettino, Head Coach of the United States, walks down the touchline during the Round of 16 World Cup match between the USA and Belgium in Seattle on Monday.
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Thunderstorms, heat and wind will hamper efforts to contain Colorado wildfires
The Aspen Acres Fire burns on Friday in Rye, Colo.
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Thunderstorms with high winds on Sunday could hamper efforts to contain a massive wildfire that has scorched parts of southern Colorado.
The Aspen Acres Fire, which is burning south of Colorado Springs across Pueblo and Custer counties, has grown to more than 86,000 acres. It began nearly a week ago and is 13% contained, officials said on Sunday morning.

Authorities have ordered people to evacuate or to prepare to evacuate across counties including Custer, Pueblo, Huerfano and Fremont.
Scattered showers and thunderstorms could hit south central and southwest Colorado on Sunday, according to the National Weather Service.
Officials and forecasters say the rain could be beneficial for firefighting but are concerned it could lead to road damage in burned areas and cause flash flooding.
“The main threats from storms will be gusty outflow winds up to 50 mph and lightning,” the NWS office in Pueblo said.
Red flag warnings and air quality alerts have also been issued across the state, with the Colorado Department of Public Health and Environment on Sunday warning residents to limit time outdoors because of heavy smoke.
Other wildfires are burning in the state, including the Ferris Fire in southwest Colorado that has grown to more than 42,000 acres and is 7% contained as of Sunday afternoon. The Gold Mountain Fire, which is also in the southwest portion of the state, has grown to more than 25,000 acres and is 0% contained as of Sunday.
A memorial service was held on Sunday for three firefighters who were killed battling wildfires on the Colorado-Utah border on June 27: Emily Barker, Sydney Watson and Nick Hutcherson.
The firefighters, along with two others, were involved in a “burnover incident,” which happens when firefighters are overtaken and have to shelter as best they can while a fire passes directly over them, according to the Department of Interior. Two firefighters survived and were treated for burns.
Colorado Gov. Jared Polis ordered flags to fly half-staff in honor of the deceased firefighters.

“These three brave heroes ran towards the flames, put themselves in harm’s way, and gave the ultimate sacrifice to protect Coloradans, our communities and our families,” Polis said in a social media post on Sunday.
Another fire across the border in southern Utah, the Babylon Fire, has grown to more than 90,000 acres and is O% contained as of Sunday afternoon. It is expected to be hot and dry through Monday, with very little humidity, officials said, making conditions challenging for containment.
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At least 25 people die in US as record heatwave scorches swaths of country
At least about two dozen people have died amid the perilous climate crisis-driven heatwave that has scorched swaths of the US with record temperatures.
As a huge heat dome sits over the county’s eastern half, extreme heat gripped millions of people in the days leading up to the US’s semiquincentennial on Saturday – and beyond it. More than 20 states experienced have reported stifling temperatures more than 100F (38C), marring celebrations. And more than 140 million people remained under active heat alerts across the US on Sunday.
Officials in New Jersey believe the extreme heat was a factor in the deaths of 22 people across 10 counties there, mostly in central and northern parts of the state. Many of the individuals were found in homes with no air conditioning, outside their residences, on the street and in parked cars, according to officials.
The first of those deaths occurred on Thursday, and the ages of the deceased in question mostly range from their mid-30s to their 80s. Preliminary findings cause investigators to believe the deaths are heat-related, though the chief state medical examiner for New Jersey would later determine the exact cause of death for each.
“This is not a typical summer heatwave,” the New Jersey department of public health said in a statement. “This type of heat can quickly become life-threatening to humans and to animals of all ages.”
The National Weather Service (NWS) has said cool air from the north in the coming days is going to lower some of the most extreme temperatures in the region, including New Jersey. The Fifa World Cup final is scheduled to be held in the New Jersey city of East Rutherford on 19 July.
Elsewhere, a heat-related death was reported in Cook county, Illinois, Natalia Derevyanny, a government spokesperson, told NBC News. The cause of that death was recorded as organic cardiovascular disease – with heat stress as a contributing factor.
Hinds county in Mississippi reported the death of 74-year-old Mitchell Ray Cooley due to heat exposure on Thursday, state officials said. Cooley had been reported missing, and his body was found the next day behind a gas station, the county coroner said in a statement.
“Mr Cooley suffered from a medical condition that impaired his judgment,” the coroner’s office said. “Based on the investigative findings, scene examination, and subsequent evaluation, the cause of death has been determined to be weather-related heat exposure. At this time, there is no indication of foul play.”
Meanwhile, on 27 June, Martha Irene Van Egmond, 83, died in Bolton, Mississippi, after falling in her garden. When her husband, Rick, tried to help her up, he fell too. The couple were unable to get up and spent hours in the heat.
Rick Van Egmond said he and his wife called out for help, and eventually two men from a nearby apartment complex came – but it was too late for Martha. She died surrounded by flowers, doing what she loved, he said to local news outlet WAPT.
Jeramiah Howard, Hinds county’s chief death investigator, attributed her death to the heat combined with her age, WAPT reported.
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As Donald Trump spoke during rain-dampened celebrations in Washington DC on Saturday, emergency services there had treated 51 people with heat-related issues as of 8pm ET, with 12 taken to nearby hospitals, according to local emergency response officials.
Other events scheduled for Saturday – including the Independence Day parade in DC – were cancelled amid the blistering heat. Among other weather-related disruptions, Trump’s so-called Great American State Fair on the National Mall also temporarily closed down on Friday after reports that 44 visitors had been treated for heat-related illnesses.
The worst of the heat started moving out of the US’s north-east and midwest regions by Sunday, shifting farther south into the mid-Atlantic and south-eastern parts of the country.
But scientists warn that heatwaves with extreme temperatures are indications that the world must lower the greenhouse gas pollution driving the global climate crisis.
The NWS is urging the public to avoid heat sickness by drinking plenty of fluids as well as staying out of the sun and in air-conditioned environments. Officials have also asked people to check on relatives and neighbors.
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