Donald Trump’s judge criminal hush money case He will decide on Tuesday in New York whether to overturn Trump’s conviction, based on the US Supreme Court’s recent decision on presidential immunity.
A jury Trump was convicted in May 34 counts of falsifying business records related to payments to adult film actress Stormy Daniel to hush up allegations of a 2006 sexual encounter with Trump to boost his 2016 presidential bid.
If Judge Juan Merchan upholds the conviction, the case is scheduled for sentencing on November 26, less than two months before Trump’s inauguration.
Although the $130,000 payment was made before Trump became president, Trump has alleged that prosecutors filled in “significant gaps” in evidence related to official actions he took later in office – which the Supreme Court ruled are indefinite in a July ruling. good presidential immunity.
Prosecutors have argued that the case is based on “purely personal” conduct, “without any relation to the official duties of the presidency.”
“The evidence that he says is influenced by the Supreme Court’s ruling is only part of the testimony and documentary evidence that the jury found him guilty of all 34 counts beyond a reasonable doubt,” prosecutors said.
Defense attorneys have argued that some of the evidence — including Trump’s social media posts with then-White House communications director Hope Hicks and Trump as president — clouded the jury’s understanding of the case.
In this July 31, 2024 file photo, former President Donald Trump waits on stage to speak at a campaign rally in Harrisburg, Pa.
Alex Brandon/AP, FILE
In one example cited by prosecutors, Hicks testified that Trump said he preferred the story about his payment to come out after the election, suggesting he was aware Daniels’ allegations could affect the race. In his closing statement, a prosecutor described the testimony as “the final nail in Mr. Trump’s coffin.”
In response, prosecutors have argued that Hicks’ testimony “relates solely to non-official conduct” and would not be considered immune.
Trump has called for the ruling to be overturned or the case to be thrown out entirely. If Judge Merchan overturns the conviction, he could order a new trial — which would be delayed for at least four years until Trump leaves office — or dismiss the indictment entirely.
Merchan has already postponed the verdict twice – first, after the immunity decision in July, and again in September, “to avoid any appearance – although it is not justified – that the procedure has been affected or that the upcoming presidential elections want to be affected”. said the judge.
After Trump’s election victory, he is set to take office less than two months after the sentencing date, which experts say limits Merchan’s chances of punishing the president-elect.
Trump’s conviction carries a maximum sentence of four years in prison, although first-time offenders typically receive lesser sentences.
Meanwhile, special counsel Jack Smith is expected to drop two federal criminal charges against Trump — related to efforts to overturn the 2020 election and to keep classified documents after he leaves the White House — based on a longstanding Justice Department policy. impeachment of sitting presidents. Trump’s criminal election interference case in Georgia has also been mired in delays, leaving him as his New York conviction. the last of his criminal obstacles before regaining the presidency.
In his September order adjourning sentencing until this month, Judge Merchan described the case as “one that stands alone, at a unique place in the history of this Nation.”
