Judge Juan Melchán ruled Monday that President-elect Donald Trump's felony conviction in his “hush money” trial should not be thrown out, based on the Supreme Court's recent ruling on presidential immunity.
Lawyers for the president-elect have sought to vacate his May conviction in a New York business records case, citing the Supreme Court ruling. trump vs usacontends that presidents are protected by broad immunity for official acts committed while in office. But Marchand did not rule on whether the conviction should be thrown out because Trump was elected president last month.
In his 41-page decision, Marchan wrote that the Supreme Court's decision is a felony in New York because the underlying conduct accused by Manhattan District Attorney Alvin Bragg is for events that occurred before Trump took office. Writing that it does not apply to convictions, Marchand concluded: The evidence introduced during the Trump era was not an official act, so it was not exempt.
“This court concludes that even if there was an error in introducing the challenged evidence, such error was harmless in light of the overwhelming incriminating evidence,” Marchand wrote. Ta. “Even if this court finds that the evidence at issue constitutes an official act under the auspices of the Trump decision, even though the fact is that it does not, the introduction of the evidence at issue was a harmless error and no Defendants' motion remains denied because no procedural error occurred.”
Machan also argued that the conviction “does not threaten to intrude on the powers and functions of the executive branch.”
“Furthermore, even if this court were to consider all of the challenged evidence, both preserved and unpreserved, to be official acts of defendants that fall within the fringe of presidential authority. , it would still be found that the public used these acts as conclusive evidence.Private acts of falsifying business records pose no risk of intruding on the powers and functions of the executive branch, and this conclusion. is well supported by evidence unrelated to motive,” Marchand wrote.
Stephen Chan, President Trump's press secretary and incoming White House communications director, said Marchand's decision was a “direct violation of the Supreme Court's decision on immunity.” “Court Decisions on Immunity and Other Long-Term Jurisprudence”, Cheung said Fox News. “This lawless lawsuit should never have been filed. The Constitution requires that President Trump be allowed to continue the presidential transition process and carry out the important duties of the presidency unimpeded by the debris of this incident.” Therefore, we demand that this lawsuit be dismissed immediately.'' Anything else is a witch hunt.'' ”
“It's amazing that this case hasn't been dismissed yet,” Breitbart News senior legal contributor Ken Krukowski said in reaction to the ruling. “There were numerous violations of President Trump's rights in this prosecution, and it is in the national interest to end this legal action so that the next president can focus his full attention on addressing the nation's needs. was the last time Americans voted in “Monday.'' “
Trump was originally scheduled to be sentenced in July, but the case was repeatedly delayed until after the November election. Mr. Trump's lawyers also filed a second motion to dismiss, which would increase the president's immunity, but Mr. Marchand has not yet issued a ruling.
The case is People of the State of New York v. Donald J. TrumpNo. 71 543-23, New York County Supreme Court.
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