Judge In Hush Money Case Shuts Down Trump Immunity Claims

Source: Fulton County Jail / Fulton County Sheriff’s Office

Donald Trump’s claims of presidential immunity to dismiss his hush money conviction were struck down by the presiding judge in New York, dealing him a temporary loss.

On Monday (Dec. 16), New York District Court Judge Juan Merchan ruled that Donald Trump cannot use presidential immunity as a reason to overturn his felony conviction in the “hush money” election interference case. The decision is a blow to the president-elect weeks before he is set to return to the White House and comes after he has already seen several wins in other court cases against him.

“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,” wrote Judge Merchan in a 41-page document detailing the ruling. Trump was convicted in May on 34 counts of falsifying business records related to covering up an affair he had with adult film star Stormy Daniels, which was overseen by his former lawyer and fixer Michael Cohen, who paid Daniels $130,000. Trump would eventually repay Cohen.

The ruling is not the definitive ending to this case. Judge Merchan has paused sentencing in the case several times, and prosecutors have signaled that they wouldn’t stand in the way of putting the case on hold until after Trump has served his time in office. While the conviction does carry a potential sentence of up to four years in prison, Judge Merchan can uphold the conviction but not impose any prison time or any other punishment. Trump can also argue for the conviction to be thrown out if he chooses to take it to the conservative Supreme Court, which ruled in his favor concerning presidential immunity in June.

Representatives for Manhattan District Attorney Alvin Bragg declined to comment. Steven Cheung, a spokesman for President-elect Trump, called the decision “a direct violation of the Supreme Court’s decision on immunity,” adding: “This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed.”