President-elect Donald Trump's bid to overturn his conviction in the Manhattan hush money case based on the U.S. Supreme Court's immunity ruling was rejected by a judge on Monday.
In a 41-page decision, Manhattan Supreme Court Justice Juan Melchan concluded that the 34 convictions are currently upheld and warrant immunity.
“The public's use of these acts as evidence of clearly personal acts of falsifying business records does not threaten to infringe on the powers and functions of the executive branch,” Marchand wrote in the opinion.
Manhattan District Attorney Alvin Bragg's office has opposed efforts to have the conviction vacated, arguing that the underlying conduct occurred before Trump, 78, first entered the Oval Office. Ta.
“Today's deeply contradictory decision by Acting Judge Marchan in the Manhattan DA's witch-hunt case is in direct violation of the Supreme Court's decision on immunity and other longstanding precedent,” President Trump's communications director Stephen Chan said in a statement. It's what you do,” he said.
“This lawless lawsuit should never have been filed. The Constitution requires that this lawsuit be dismissed immediately because President Trump must be allowed to continue the presidential transition process.”
Over the summer, the U.S. Supreme Court ruled that presidents enjoy “absolute” immunity for official acts while in office, even though none of the four criminal cases against Trump at the time They ignored any explanation of how it affected them.
Last month, a judge dismissed four 2020 election subversion cases against him, and former special counsel Jack Smith moved to reverse efforts to revive 40 classified documents cases thrown out by judges over the summer. I showed you.
That leaves Mr. Trump with only 13 Georgia election fraud charges that are stalled on appeal and a Manhattan hush money conviction.
Marchand has not yet decided on the pros and cons of another push by the Trump campaign to vacate the hush-money conviction stemming from the president-elect's victory last month.
Trump's team pointed to the Justice Department's policy against indicting sitting presidents, arguing that upholding the conviction could create an “unconstitutional impediment to President Trump's ability to govern.”
If the conviction stands, Trump will become the first felon to serve as president in the White House. His lawyers have worked to appeal this conviction on a variety of fronts.
Trump falsified business records to hide hush money payments to porn star Stormy Daniels and several others to cover up potentially damaging reporting during the 2016 campaign. He was found guilty by a jury in May.
The lawsuit was based on a novel legal theory and has drawn bipartisan criticism, including recently from Sen. John Fetterman (D-Pennsylvania), who proposed the lawsuit. said he was a “bull—” and that a pardon was appropriate..
Marchan, who oversaw the hush-money case against Trump while he was on trial earlier this year, said in a 41-page ruling that “overwhelming evidence of guilt” was presented during the trial. insisted.
As Chan alluded to, Trump's allies have touted the work Marchan's daughter has done in progressive circles, including Vice President Kamala Harris and Democrats at large.
Mr. Bragg's team has opposed any effort to overturn Mr. Trump's conviction. Instead, he has indicated that the case could be put on hold while Trump serves out his second term as president.
According to federal law, Trump cannot be imprisoned as president in this case.
