No immunity for Trump in hush money conviction: NY Judge
What's the story
Former United States President Donald Trump's conviction for falsifying business records in a hush money case has been upheld by a New York judge. Trump's legal team had argued that a recent US Supreme Court ruling on presidential immunity should apply. However, Judge Juan Merchan concluded that the actions under scrutiny were unofficial and therefore not protected by presidential immunity.
Immunity scope
Unofficial actions not covered by presidential immunity
The conviction revolves around a $130,000 hush money payment to adult film star Stormy Daniels during Trump's 2016 presidential campaign. Prosecutors contended that the payment was made to stop Daniels from revealing an alleged affair with Trump, which he has always denied. In May, Trump was convicted on 34 counts in connection with this payment.
Ruling details
Judge Merchan's ruling on presidential immunity
In his 41-page ruling, Judge Merchan also addressed the scope of presidential immunity, saying it doesn't cover unofficial actions. He observed that the evidence challenged by Trump's attorneys—such as testimony from former aides and social media posts—related to unofficial conduct. "The proof challenged by the Defendant's attorneys was solely about unofficial behavior," Merchan said in his ruling.
Re-election factor
Trump's re-election and its impact on the conviction
Trump's legal team had also sought to overturn the conviction because of his re-election, but Merchan did not rule on that motion. Instead, he concentrated on the evidence presented at trial, claiming that any errors in admitting contested evidence were inconsequential in light of the overwhelming proof of guilt. "This Court determines that if there was an error in admitting the contested evidence, that error was inconsequential considering the abundant evidence of guilt," Merchan remarked.
Case dismissal
Ruling blocks potential dismissal of case
The ruling closes one possible way to dismiss the case before Trump returns to office next month. His legal team has attempted multiple times over the past six months to get the conviction dismissed. After Trump's election victory last month, sentencing scheduled for late November has been delayed indefinitely. Trump will assume office on January 20 as the first former president with a felony conviction and the first convicted criminal elected to the presidency.