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Judge denies Trump petition to dismiss hush-money case over immunity claims | Donald Trump

A judge ruled Monday that Donald Trump's conviction for falsifying records to cover up a sex scandal stands, adding to the U.S. Supreme Court's recent ruling on presidential immunity, according to a court filing. He rejected the president-elect's argument that the conviction should be thrown out because of the sentence.

The decision by Manhattan Judge Juan Marchan removes one case that could be removed from litigation ahead of Trump's return to office next month. But his lawyers raised other arguments for dismissal.

In his 41-page ruling, Marchan wrote that Trump's “obviously personal act of falsifying business records poses no risk of infringing on the powers and functions of the executive branch.”

Mr. Trump's lawyers did not respond to requests for comment.

Prosecutors say some consideration needs to be made for him to become the next president, but insist the conviction should be upheld.

In May, a jury found Trump guilty of 34 counts of falsifying business records related to a $130,000 hush-money payment to adult film actor Stormy Daniels in 2016. The payment was in response to Trump's silence before the 2016 election when he claimed they had had a sexual relationship. He met with President Trump 10 years ago, but Trump denied it.

It was the first time a U.S. president, former or current, had been convicted or charged with a criminal offense.

The allegations include concealing payments to Daniels in the final days of Trump's 2016 presidential campaign to keep his claims that she had a sexual relationship with him private and from voters hearing. It included a plan to He says there was nothing sexual between them.

President Trump has maintained his innocence and said the incident was an attempt by Democrat Bragg to damage his 2024 election campaign.

A month after the ruling, the Supreme Court ruled that former presidents cannot be prosecuted for official acts, i.e., acts committed in the course of running the country, and that prosecutors could not focus on purely personal cases. The court ruled that those acts could not be cited to support the case. informal act.

Mr. Trump's lawyers then cited a Supreme Court opinion that said hush money jurors would be unable to obtain information on Mr. Trump's presidential financial disclosure forms, testimony from some White House aides, and social media posts made during his time in office. He claimed that he had obtained inadequate evidence.

In his ruling, Marchan rejected much of Trump's argument that some of the prosecution's evidence related to official conduct and was subject to immunity protection.

Even if the judge found that some of the evidence related to official acts, the judge ruled that “the prosecution's decision to use these acts as evidence of clearly private acts of falsifying business records… “does not pose a risk of infringement to the authorities.'' Functions of the Executive Branch”.

Even if prosecutors erroneously introduced evidence that could be challenged under immunity, “such mistakes are harmless given the overwhelming evidence of incrimination,” Marchan continued.

Prosecutors had said the evidence in question was only a “small part” of the case.

Stephen Chan, President Trump's communications director, said Marchan's decision was a “direct violation of the Supreme Court's decision on immunity and other longstanding legal precedent.”

“This lawless lawsuit should never have been filed. The Constitution requires that this lawsuit be dismissed immediately,” Chong said in a statement.

The Manhattan District Attorney's Office, which prosecuted the case, declined to comment.

Trump will be inaugurated on January 20, 2025.

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