New York Judge Rejects Trump’s Bid to Dismiss Hush Money Conviction
A New York judge has ruled that Donald Trump’s hush money conviction remains valid, rejecting the former president’s argument that it should be dismissed based on a US Supreme Court ruling granting presidential immunity from criminal prosecution for actions taken while in office.
In July, the Supreme Court ruled that presidents have broad immunity for “official actions” taken during their time in office. However, on Monday, Manhattan Judge Juan Merchan, who oversaw Trump’s trial earlier this year, sided with prosecutors, stating that the convictions were related to “unofficial conduct”, not actions taken as president.
This ruling preserves Trump’s historic conviction for 34 felony counts, and if upheld, it could make him the first felon to serve as president.
Judge Rejects Trump’s Immunity Claim
In his 41-page ruling, Judge Merchan pushed back on Trump’s argument that the government’s case was based on his official presidential duties, which would be protected under the Supreme Court’s immunity ruling. Instead, the judge emphasized that the evidence presented in the trial focused on unofficial actions.
The judge also referenced the Supreme Court’s decision, which clarified that not everything a president does is considered “official”, even if it occurs in the Oval Office.
Trump’s Legal Team Responds
Trump’s spokesperson, Steven Cheung, criticized the ruling, calling it a violation of the Supreme Court’s immunity decision. He argued, “This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed.”
The Conviction
In May, a New York jury found Trump guilty of falsifying business records related to hush money payments. The charges stemmed from Trump’s involvement in trying to cover up reimbursements to his former lawyer, Michael Cohen, who paid an adult film star in 2016 to silence her about an alleged affair with Trump.
Trump has denied all allegations and continues to insist on his innocence.
Next Steps for Trump’s Legal Team
Judge Merchan had originally planned to rule on the conviction by November 12, but postponed the decision to allow prosecutors to advise on how to proceed given Trump’s 2024 re-election campaign. In the days following, Trump’s legal team filed another motion, arguing that his potential return to the White House required the case to be dismissed.
Now that the judge has ruled, Trump’s team is expected to seek further delays and file appeals.
Pending Sentencing
The judge has yet to decide whether he will issue a sentence before Trump takes office in January 2025, or if the sentencing will occur after his term ends in 2029.