New York judge in President-elect Donald Trump criminal hush money case ruled on Monday that the Supreme Court’s ruling on presidential immunity does not apply in that case.
Trump sought to dismiss his criminal indictment vacate the verdict of the jury Prosecutors are expected to present evidence at trial last May about Trump’s official acts as president, after the Supreme Court ruled in July that Trump is entitled to presumptive immunity from criminal prosecution for official acts while in office.
However, Judge Juan Merchan said on Monday that the evidence in the Trump hush money case relates to “entirely non-official conduct” and “does not risk impinging on the authority and function of the Executive branch.”
It was Trump found guilty In May, adult film actress Stormy Daniels was indicted on 34 counts of falsifying business records to boost her electoral chances in the 2016 presidential election. Judge Merchan has not yet issued a sentence.
In Monday’s ruling, Merchan found that there was “overwhelming evidence of guilt” when the jury convicted Trump at trial.
Trump’s lawyers, arguing for immunity, emphasized the importance of the testimony of former White House Communications Director Hope Hicks, who disclosed the alleged payment to Stormy Daniels in 2018 when she disclosed her interactions with Trump, to prove Trump’s knowledge. He wanted the story to come out after the payment and the election.
Defense attorneys used a similar argument to argue that Trump’s tweets — which prosecutors used to prove an alleged “pressure campaign” to get Trump’s former lawyer Michael Cohen not to cooperate with authorities in 2018 — were official communications protected by immunity, the messages “. are”.
President-elect Donald Trump delivers remarks at Mar-a-Lagon in Palm Beach, Florida, on December 16, 2024.
Brian Snyder/Reuters
But Merchan on Monday rejected Trump’s argument that Hicks’ testimony, Trump’s Twitter posts about Cohen and other evidence are official acts.
“Just as the title of Communications Director does not confer absolute immunity from any communication with Ms. Hicks, a mere reference to the Department of Justice does not make a tweet an official act,” Merchan wrote in his ruling.
“Therefore, it is logical and reasonable to conclude that, having determined that falsifying records to cover up payments is an unofficial act of informing the public, communications to encourage such coverage should also be unofficial,” the judge wrote.
Trump has also offered another argument that he is entitled to presidential immunity now president-electMerchan has yet to resolve.
Last week, the Manhattan district attorney asked Merchan to set aside the jury’s verdict and convict Trump after his second term, but Trump’s lawyers He rejected that proposal As a “macho tactic”.
In a letter accompanying Monday’s ruling, Merchan referred to an upcoming filing alleging “jury misconduct” by Trump’s lawyers, which has not yet been made public.
Merchan wrote that Trump’s argument “consists entirely of sworn allegations,” but that he will allow the president-elect’s lawyers to present a redacted version of their claims.
“Therefore, this Court finds that allowing the letters to be filed without redaction and without the benefit of a hearing would serve to undermine the integrity of those proceedings while seriously jeopardizing the safety of jurors,” Merchan wrote.
The judge said he would consider Trump’s claims if he filed a motion to dismiss the case with affidavits supporting the allegation of juror misconduct, rather than the affidavits provided by Trump’s attorneys in a recent filing.
“Allegations of juror misconduct must be thoroughly investigated. However, this Court is prohibited from deciding these claims based on mere hearsay and conjecture,” the judge wrote.
Merchan’s letter did not provide additional context about Trump’s allegation of juror misconduct, and Trump’s documents have not been released into the court’s public record.
