Trump Attorney Scharf to Newsmax: Immunity Ruling Could Lead to N.Y. Mistrial

There's a chance Donald Trump's criminal conviction in New York could be tossed following the Supreme Court's ruling on presidential immunity, Will Scharf, an attorney for the former president, told Newsmax on Wednesday.

The high court ruled Monday for the first time that former presidents have some immunity from prosecution for official acts while in office. The 6-3 majority decision by Chief Justice John Roberts returns the federal case regarding allegations of Trump trying to subvert the results of the 2020 election back to trial court in Washington, D.C., to determine what is left of special counsel Jack Smith's indictment.

The outcome means Trump, the presumptive Republican presidential nominee, likely won't face trial in that case before November's election.

Trump was convicted by a New York jury in May on 34 counts of falsifying business records regarding a payment disgraced former attorney Michael Cohen made to porn star Stormy Daniels before the 2016 election. His sentencing, scheduled for July 11, was delayed by Judge Juan Merchan following the Supreme Court's ruling.

"The immediate consequence for that New York case is that sentencing is stayed while we figure out how exactly this immunity decision applies to that New York case," Scharf told "Prime News" and guest host Rob Finnerty. "It's really interesting, though. In Judge Merchan's order staying sentencing, he has a line at the end that basically says if sentencing is needed at all, which implies Judge Merchan at least sees a potential ground for a mistrial here."

The Supreme Court's ruling reportedly could impact evidence used at trial that could fall under "official acts," such as portions of former White House aide Hope Hicks' testimony, Trump's 2018 financial disclosure, and tweets from when Trump was in office.

"We obviously believe that there should be a mistrial, that in light of the Supreme Court's opinion, evidence was introduced at trial that they could not legally rely on for that trial," Scharf said. "And as a result, I think there's a very real possibility that sentencing does not end up going through, that the jury verdict is vacated and that we end up either trying this thing again or just seeing this case dismissed altogether, which would obviously be our preferred option."

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