Former US President Donald Trump leaves the courthouse after a jury found him guilty of all 34 crimes in his criminal trial at the New York State Supreme Court in New York, New York, USA, May 30, 2024. Trump faced 34 felony counts of commercial fraud, according to records relating to payments to adult film star Stormy Daniels during his 2016 presidential campaign.
Justin Lane | Via Reuters
President-elect Donald Trump On Monday he lost his attempt to find his criminal Hush money The conviction was dismissed in a New York court on appeal Presidential immunity.
Manhattan Supreme Court Justice Juan Merchan brushed aside arguments from Trump’s lawyers that the prosecution’s use of testimony from former White House aides in the trial and before a grand jury, as well as other evidence, led them to drop the case.
Merchan has yet to rule on other claims made by Trump’s lawyers that they say justify dismissing his conviction on 34 felony counts of falsifying business records – claims that include Trump’s election as president in November to a second, non-consecutive term.
It’s not clear when Trump might be convicted if Merchan rejects the remaining arguments for dismissal.
The Manhattan District Attorney’s Office, which prosecuted Trump, has suggested to the judge the possibility of delaying sentencing until he leaves the White House or assuring him that he will not be sentenced to prison.
Trump’s lawyers cited a July U.S. Supreme Court decision in the lawsuit, which Merchan dismissed on Monday, that found Trump – and other American presidents – enjoyed presumptive criminal immunity for official actions.
But Merchan said in his ruling that even if he found that all of the evidence disputed by Trump’s lawyers was “official conduct that fell within the outer scope of the defendant’s presidential authority,” he would still find that the Use of the indictment as evidence is “decided” Personal falsification of business documents does not pose a risk of interference with the authority and function of the executive branch.
“In conclusion, this court concludes that any error in introducing the challenged evidence was harmless in light of the overwhelming evidence of guilt,” Merchan wrote in the 41-page ruling.
Trump attorney Todd Blanche called on Merchan on Monday to delay sentencing of the president-elect in the case until all appeal options have been exhausted.
Trump became the first former president to be convicted of a crime when he was found guilty of the charges in May in Manhattan Supreme Court – a state court.
The falsified documents concerned a $130,000 payment made by Trump’s then-personal attorney Michael Cohen to porn star Stormy Daniels on the eve of the 2016 presidential election. Cohen, who later received a refund from Trump, said the payment was in return for Daniels’ agreement to keep quiet about an alleged one-time sexual tryst with Trump a decade earlier.
Trump has denied having sex with Daniels.
The payment was made before Trump was elected president for the first time. However, some evidence in the trial was related to Trump’s tenure in the White House.
Trump transition spokesman Steven Cheung said in a statement obtained by NBC News: “Today’s decision by deeply controversial sitting Judge Merchan on the Manhattan DA Witch Hunt is a direct violation of the Supreme Court’s decision on immunity and other long-standing jurisprudence.”
“This unlawful lawsuit should never have been brought, and the Constitution requires that it be dismissed immediately because President Trump must be allowed to continue the presidential transition process and carry out the vital duties of the presidency unhindered by the remnants of this lawsuit.” “Anyone else, witch hunt,” Cheung said.
