Judge rejects Trump request to toss Bragg charges in New York on basis of presidential immunity
Judge Juan Merchan on Monday rejected Trump attorneys’ request to dismiss charges brought against him by Manhattan District Attorney Alvin Bragg on the basis of presidential immunity.
The ruling comes after President-elect Trump and his team in July requested Merchan overturn his guilty verdict in New York v. Trump, citing the U.S. Supreme Court’s ruling that presidents have immunity for official acts.
Merchan ruled that the evidence presented in the trial was related “entirely to unofficial conduct and thus, receive no immunity protections.”
“Further, even if this Court were to deem all of the contested evidence, both preserved and unpreserved, as official conduct falling within the outer perimeter of Defendant’s Presidential authority, it would still find that the People’s use of these acts 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, a conclusion amply supported by non-motive-related evidence,” Merchan writes.
Merchan also argued that the Court said “if error occurred regarding the introduction of the challenged evidence, such error was harmless in light of the overwhelming evidence of guilt.”
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Merchan rejected that request, but has yet to rule on President-elect Trump’s formal motion to dismiss the case altogether.
“Today’s decision by deeply conflicted, acting Justice Merchan in the Manhattan DA Witch Hunt is a direct violation of the Supreme Court’s decision on immunity, and other longstanding jurisprudence,” Trump spokesman and incoming White House communications director Steven Cheung told Fox News Digital. “This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed, as President Trump must be allowed to continue the Presidential Transition process, and execute the vital duties of the presidency, unobstructed by the remains of this, or any other, Witch Hunt.”
Cheung added: “The sooner these hoaxes end, the sooner our country can unite behind President Trump for the betterment of all Americans.”
Trump pleaded not guilty to 34 counts of falsifying business records in the first degree stemming from the yearslong investigation related to alleged hush money payments run by the Manhattan District Attorney’s Office. Former Manhattan District Attorney Cyrus Vance initiated the investigation, and Bragg prosecuted Trump.
After an unprecedented six-week trial in New York City, a jury found the president guilty on all counts.
The U.S. Supreme Court ruled that a former president has substantial immunity for official acts committed while in office.
In the formal motion in July, Trump attorney Todd Blanche pointed to the Supreme Court’s immunity decision, and argued that certain evidence of “official acts” should not have been admitted during the trial.
Specifically, Blanche argued that testimony from former White House Communications Director Hope Hicks; former Special Assistant to the President Madeleine Westerhout; testimony regarding The Special Counsel’s Office and Congressional Investigations and the pardon power; testimony regarding President Trump’s response to FEC Inquiries; his presidential Twitter posts and other related testimony was impermissably admitted during trial.
Meanwhile, Trump attorneys, earlier this month, officially requested to “immediately” dismiss charges against the president-elect in New York v. Trump, declaring the “failed lawfare” case “should never have been brought.”
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Trump attorneys said the case “would never have been brought were it not for President Trump’s political views, the transformative national movement established under his leadership, and the political threat that he poses to entrenched, corrupt politicians in Washington, D.C. and beyond.”
Trump lawyers said that “wrongly continuing proceedings in this failed lawfare case disrupts President Trump’s transition efforts and his preparations to wield the full Article II executive power authorized by the Constitution pursuant to the overwhelming national mandate granted to him by the American people on November 5, 2024.”
Bragg, last month, requested to Judge Juan Merchan that the case be stayed until the end of Trump’s second term, but Trump attorneys noted that the Office of Legal Counsel in the Justice Department concluded that “the categorical prohibition on the federal indictment of a sitting president…even if the case were held in abeyance…applies to this situation.”
They added that Bragg’s “ridiculous suggestion that they could simply resume proceedings after President Trump leaves Office, more than a decade after they commenced their investigation in 2018, is not an option.”
This is a developing story. Please check back for updates.