A New York judge has upheld Donald Trump’s hush money conviction, rejecting the president-elect’s argument that the case should be dismissed following a landmark immunity ruling from the U.S. Supreme Court.
In July, the Supreme Court ruled that presidents have broad immunity from criminal prosecution for actions taken in their official capacity while in office.
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However, on Monday, Manhattan Judge Juan Merchan, who presided over Trump’s trial earlier this year, sided with prosecutors. He stated that the 34 felony convictions were based on “unofficial conduct,” not actions protected by presidential immunity.
This ruling preserves Trump’s historic conviction, which, if upheld, would make him the first felon to serve in the White House.
In his 41-page ruling, Judge Merchan pushed back against Trump’s claim that the case relied on evidence tied to his official duties as president.
He noted that the trial’s evidence cantered “entirely on unofficial conduct” and pointed out that the Supreme Court had acknowledged in its ruling that “not everything the president does is official,” even if it occurs from the Oval Office.
Trump’s spokesperson, Steven Cheung, criticized the ruling in a statement to U.S. media, calling it “a direct violation of the Supreme Court’s decision on immunity.” He added, “This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed.”
In May, a New York jury found Trump guilty of falsifying business records related to payments made to his former lawyer, Michael Cohen, who paid an adult film star in 2016 to remain silent about an alleged affair with Trump. Trump has denied any wrongdoing.
Judge Merchan had initially been set to rule on the conviction on November 12 but postponed the decision to allow time for prosecutors to address how to proceed following Trump’s re-election.
In the days after, Trump filed another motion to dismiss, arguing that his potential return to the White House should result in the case being dropped.
Following this latest ruling, Trump’s legal team is expected to seek further delays and appeals. Judge Merchan has yet to decide whether to issue a sentence before Trump’s inauguration in January or to delay it until after his term ends in 2029.
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