Judge Juan Merchan ruled on Monday that Donald Trump’s felony conviction in the New York hush money case should not be dismissed due to the Supreme Court’s ruling on presidential immunity.
The ruling dismissed one of several arguments put forth by Trump’s defense team to have his May conviction on 34 counts of falsifying business records thrown out.
However, the judge did not address a separate motion from Trump’s attorneys seeking to have the conviction overturned on the grounds that Trump, having been re-elected president, should not face criminal proceedings.
Merchan’s 41-page decision focused specifically on the issue of presidential immunity. While the Supreme Court has ruled that a sitting president enjoys broad immunity for official acts, Merchan found that the charges in this case were unrelated to Trump’s official duties as president.
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The evidence, he stated, pertained to Trump’s personal and unofficial conduct, rather than actions taken in his capacity as president, and therefore did not warrant the protections of presidential immunity.
“This Court concludes that if error occurred regarding the introduction of the challenged evidence, such error was harmless in light of the overwhelming evidence of guilt,” Merchan wrote.
He further noted that even if the disputed evidence were deemed to constitute official acts under the Supreme Court’s decision, it would still not lead to the dismissal of the case, as any error would be harmless.
Trump’s transition spokesman, Steven Cheung, criticized the ruling, arguing in a statement that it “directly violates the Supreme Court’s decision on immunity, as well as other longstanding legal precedents.”
The decision is likely to be appealed by Trump’s legal team, adding another layer of delay to a case that could be tied up in court for months or even years.
Merchan has yet to rule on other motions, including one from Trump’s attorneys arguing that his status as president presents a “legal impediment” to further criminal proceedings.
Despite his May conviction, Trump has not been sentenced. Prosecutors have agreed to delay his sentencing until after the upcoming presidential election, but they have maintained that the conviction itself should stand.
While the sentence could be postponed or adjusted, prosecutors argue that dismissing the conviction entirely would be an extreme and unwarranted action.
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Trump was convicted of falsifying business records to conceal payments made to his former lawyer, Michael Cohen, who reimbursed a $130,000 hush money payment to adult-film actress Stormy Daniels, who alleges she had an affair with Trump before the 2016 election—a claim Trump denies.
Trump’s sentencing was initially scheduled for July but was postponed twice, largely due to the Supreme Court’s decision on presidential immunity. The delay pushed the sentencing date to after the election.
Trump’s defense team had argued that the case relied on evidence stemming from his actions in the White House, and that this should fall under the protection of presidential immunity.
Judge Merchan, however, rejected this argument, stating that the evidence contested by Trump’s team related to “unofficial conduct.”
He further explained that the actions to cover up the payments and prevent the public from learning of the alleged affair were clearly unofficial, as were the communications involved in that effort.
Merchan also addressed allegations of juror misconduct, raised by Trump’s legal team earlier this month.
While the defense team has yet to file a formal motion to dismiss the conviction based on these claims, the judge stated that if they do, it would need to be properly submitted. Merchan also ordered the attorneys to release redacted filings that may include further details on the allegations.
“Allegations of juror misconduct should be thoroughly investigated,” Merchan wrote.
“However, this Court cannot act on mere hearsay and conjecture, and must avoid releasing unsworn or contested statements that could endanger the safety of jurors and violate privacy agreements.”
The case remains ongoing, with Trump’s legal team likely to pursue further motions and appeals in the coming months.
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