New York Judge Juan Merchan on Monday rejected President-elect Donald Trump’s request to toss his hush money guilty verdict on the grounds of presidential immunity.
“Defendant’s motion to dismiss the indictment and verdict is denied,” Merchan wrote in his 41-page ruling, which said the evidence presented in the trial was related “entirely to unofficial conduct and thus, receives no immunity protections.”
“Even if this court were to deem all of the contested evidence, both preserved and unpreserved, as official conduct falling within the outer perimeter of defendant’s presidential authority, it would still find that the People’s use of these acts as evidence of the decidedly personal acts of falsifying business records poses no danger of intrusion on the authority and function of the Executive Branch,” Merchan wrote.
Trump was convicted in May of 34 counts of falsifying business records. Trump called the verdict a “disgrace” and said the trial was “rigged”. After Trump won the presidency in November’s election, Merchan delayed sentencing without announcing a new date.
Manhattan District Attorney Alvin Bragg has fought against dismissing the jury’s verdict and even suggested other paths, including freezing the proceedings until after Trump’s presidential term.
Merchan’s ruling Monday comes despite a Supreme Court decision on presidential immunity in July, which stated Trump has some immunity for official acts and absolute immunity in executing his core constitutional powers. The high court ruled he does not enjoy immunity for unofficial acts.
While Trump has not responded to Merchan’s ruling, his spokesperson Steven Cheung blasted the decision Monday and called it a “witch hunt”.
“Today’s decision by deeply conflicted, acting Justice Merchan in the Manhattan DA Witch Hunt is a direct violation of the Supreme Court’s decision on immunity, and other longstanding jurisprudence,” Cheung, who is the incoming White House communications director, said in a statement.
“This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed, as President Trump must be allowed to continue the presidential transition process, and execute the vital duties of the presidency, unobstructed by the remains of this, or any other, Witch Hunt,” Cheung wrote. “The sooner these hoaxes end, the sooner our country can unite behind President Trump for the betterment of all Americans.”
Last month, a federal judge granted special counsel Jack Smith’s request to drop all felony charges against the president-elect for his alleged role in seeking to overturn the 2020 presidential election and alleged mishandling of classified documents.
Merchan’s ruling on presidential immunity is one of several Trump requests to dismiss the New York criminal case before his inauguration on January 20. Trump has also asked the judge to dismiss on the basis of his November election victory. Merchan did not rule on that argument Monday. (UPI)
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