President-elect Donald Trump lost a bid Monday to have his hush-money conviction overturned in a New York court because he invoked presidential immunity.
Manhattan Supreme Court Justice Juan Merchan brushed aside arguments from Trump's lawyers that the prosecution's use of testimony from former White House aides within the trial and before a grand jury, in addition to other evidence, led them to drop the case.
Merchan has yet to rule on other claims made by Trump's lawyers that they are saying justify dismissing his conviction on 34 felony counts of falsifying business records – claims that include Trump's election as president in November to a second, non-consecutive term.
It's not clear when Trump is perhaps convicted if Merchan rejects the remaining arguments for dismissal.
The Manhattan District Attorney's Office, which prosecuted Trump, has suggested to the judge the potential for delaying sentencing until he leaves the White House or assuring him that he is not going to be sentenced to prison.
Trump's lawyers cited a July U.S. Supreme Court decision within the lawsuit, which Merchan dismissed on Monday, that found Trump – and other American presidents – enjoyed presumptive criminal immunity for official actions.
But Merchan said in his ruling that even when he found that each one of the evidence disputed by Trump's lawyers was “official conduct that fell within the outer scope of the defendant's presidential authority,” he would still find that the Use of the indictment as evidence is “decided” Personal falsification of business documents doesn’t pose a risk of interference with the authority and performance of the manager branch.
“In conclusion, this court concludes that any error in introducing the challenged evidence was harmless in light of the overwhelming evidence of guilt,” Merchan wrote within the 41-page ruling.
Trump lawyer Todd Blanche called on Merchan on Monday to delay sentencing of the president-elect within the case until all appeal options have been exhausted.
Trump became the primary former president to be convicted of a criminal offense when he was found guilty of the costs in May in Manhattan Supreme Court – a state court.
The falsified documents concerned a $130,000 payment made by Trump's then-personal attorney Michael Cohen to porn star Stormy Daniels on the eve of the 2016 presidential election. Cohen, who later received a refund from Trump, said the payment was in return for Daniels' agreement to maintain quiet about an alleged one-time sexual tryst with Trump a decade earlier.
Trump has denied having sex with Daniels.
The payment was made before Trump was elected president for the primary time. However, some evidence within the trial was related to Trump's tenure within the White House.
Trump transition spokesman Steven Cheung said in a press release obtained by NBC News: “Today's decision by deeply controversial sitting Judge Merchan on the Manhattan DA Witch Hunt is a direct violation of the Supreme Court's decision on immunity and other long-standing jurisprudence.”
“This unlawful lawsuit should never have been brought, and the Constitution requires that it be dismissed immediately because President Trump must be allowed to continue the presidential transition process and carry out the vital duties of the presidency unhindered by the remnants of this lawsuit.” “Anyone else, witch hunt,” Cheung said.
image credit : www.cnbc.com