The New York judge who presided. Donald TrumpK Hush money trial rejects attempt to oust president-elect His criminal convictions Based on Presidential Immunity.
“Defendant’s motion to dismiss the indictment and judgment is denied,” Judge Joan Murchan wrote in a ruling on Monday.
He made the decision after also rejecting Trump’s argument that he is protected by presidential immunity because of his election victory. “This court disagrees,” the judge wrote.
Trump spokesman Steven Cheung condemned the decision, calling it “a direct violation of the Supreme Court ruling on immunity.”
“This illegality case should never have been brought, and the Constitution demands that it be dismissed immediately,” he said.
Trump was convicted in May. 34 counts of falsifying business records In the closing days of the 2016 presidential election, her then-lawyer Michael Cohen related hush money payments to porn star Stormy Daniels. Daniels claimed she had a sexual encounter with Trump in 2006, an allegation she denied.
Trump’s lawyers had argued that the indictment and verdict should be thrown out in light of a Supreme Court ruling issued weeks later that created a new standard for presidential elections. Exemption.
Prosecutors from the Manhattan district attorney’s office argued that jurors should not have been allowed to present evidence of Trump’s “official acts,” including public statements related to the case. Prosecutors responded that the evidence did not affect the verdict, which they said should be upheld.
The judge agreed, citing “overwhelming evidence of guilt” presented by the district attorney’s office.
Some of Trump’s “claims relate entirely to non-governmental conduct and, as such, receive no immunity protection,” he said.
“[E]Even if this Court were to treat all of the disputed evidence, both protected and unpreserved, as official conduct falling outside the bounds of the defendant’s presidential authority, it would still find that those acts on behalf of the People “The use of falsified business records as evidence of their personal actions poses no threat of encroachment on the powers and functions of the executive branch,” he wrote.
Murchan postponed sentencing last month while considering Trump’s motions to dismiss the case. Trump has another expungement motion still pending, and the judge revealed in his order Monday that Trump also has a pending argument involving alleged juror misconduct.
The order did not specify the nature of the misconduct, but Murchan directed lawyers for both sides to file their briefs on the matter publicly and with corrections.
The judge did not set a new sentencing date.
Trump is scheduled to be sworn in as president on January 20.
Garrett Hawke Cooperated.