Former US President Donald Trump leaves the courthouse after a jury found him guilty of all 34 felony counts in his criminal trial at New York State Supreme Court in New York, New York, USA, 30 May 2024. Trump faced 34 felony counts of falsifying business records related to payments made to adult film star Stormy Daniels during his 2016 presidential campaign.
Justin Lane | Via Reuters
President-elect Donald Trump on Monday lost an effort to have his criminal hush money conviction dismissed in a New York court on a claim of presidential immunity.
Judge Juan Merchan in his ruling in Manhattan Supreme Court brushed aside arguments by Trump’s lawyers that the prosecution’s use of testimony from former White House employees at trial required the judge to toss the case.
Defense attorneys had cited a U.S. Supreme Court decision in July which found that Trump — and other American presidents — had presumptive criminal immunity for official acts in office.
But Merchan in his ruling Monday said that even if he were to find that all of the evidence contested by Trump’s attorneys “was official conduct falling within the outer perimeter of Defendant’s Presidential authority,” he would still find that the prosecution’s use as evidence “of the decidedly personal acts of falsifying business records poses no danger of intrusion on the authority and function of the Executive Branch.”
“Lastly 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 in the 41-page ruling.
Trump’s lawyer Todd Blanche on Monday asked Merchan to postpone sentencing the president-elect in the case until all appeals are exhausted.
Trump in May became the first former president convicted of a crime when a jury in Manhattan Supreme Court — a state-level trial court — found him guilty of 34 felony counts of falsifying business records.
The records related to a $130,000 payment that Trump’s then-personal lawyer Michael Cohen made to the porn star Stormy Daniels on the eve of the 2016 presidential election. Cohen, who later was reimbursed by Trump, has said the payment was in exchange for Daniels’ agreement to keep quiet about a purported one-time sexual tryst with Trump a decade earlier.
Trump has denied having sex with Daniels.
The payment occurred before Trump was first elected president. But some evidence at trial was connected to Trump’s tenure in the White House.
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