Judge Rejects Trump Request To Toss Charges On Basis Of Presidential Immunity
Judge Juan Merchan rejected President-elect Donald Trump’s request to dismiss charges brought against him by Manhattan District Attorney Alvin Bragg on the basis of presidential immunity.
The ruling came after President-elect Trump and his team requested Merchan to overturn his guilty verdict in New York v. Trump, citing the U.S. Supreme Court’s ruling that presidents have immunity for official acts.
Merchan ruled that the evidence presented in the trial was related “entirely to unofficial conduct and thus, receive no immunity protections.”
“Further, 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, a conclusion amply supported by non-motive-related evidence,” Merchan writes.
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Trump was found guilty of 34 counts of falsifying business records in the first degree stemming from the yearslong investigation related to alleged hush money payments to porn star Stormy Daniels.
Merchan also argued that the Court said “if error occurred regarding the introduction of the challenged evidence, such error was harmless in light of the overwhelming evidence of guilt.”
Merchan rejected Trump’s presidential immunity argument but has yet to rule on President-elect Trump’s formal motion to dismiss the case altogether.
“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,” Trump spokesman and incoming White House communications director Steven Cheung told Fox News Digital. “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 added: “The sooner these hoaxes end, the sooner our country can unite behind President Trump for the betterment of all Americans.”