From PJMedia.com
Judge Juan Merchan on Monday rejected a request from Trump’s attorneys to dismiss charges brought by Manhattan District Attorney Alvin Bragg, citing claims of presidential immunity, Fox News reports.
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The decision follows a July motion by Trump and his legal team asking Merchan to overturn his guilty verdict in New York v. Trump. They argued that the U.S. Supreme Court’s ruling on presidential immunity for official acts should apply.
However, Merchan ruled that the trial evidence pertained “entirely to unofficial conduct and, thus, receive no immunity protections.”
“Further, even if this Court were to deem all of the contested evidence, both preserved and unpreserved, as official conduct falling within the outer perimeter of Defendant’s Presidential authority, it would still find that 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, a conclusion amply supported by non-motive-related evidence,” Merchan said in his ruling.
Merchan also argued that the Court said, “If an error occurred regarding the introduction of the challenged evidence, such error was harmless in light of the overwhelming evidence of guilt.”
Merchan rejected that request but has yet to rule on President-elect Trump’s formal motion to dismiss the case altogether.
“Today’s decision by deeply conflicted, acting Justice Merchan in the Manhattan DA Witch Hunt is a direct violation of the Supreme Court’s decision on immunity and other longstanding jurisprudence,” Trump spokesman Steven Cheung said in a statement to Fox News Digital. “This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed, as President Trump must be allowed to continue the Presidential Transition process, and execute the vital duties of the presidency, unobstructed by the remains of this, or any other, Witch Hunt.”
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“The sooner these hoaxes end, the sooner our country can unite behind President Trump for the betterment of all Americans,” Cheung, the incoming White House communications director, added.
Donald Trump pleaded not guilty to 34 counts of falsifying business records in connection to alleged hush money payments investigated by the Manhattan District Attorney’s Office. The probe, initiated by former DA Cyrus Vance and prosecuted by Alvin Bragg, culminated in a six-week trial where a partisan New York City jury found Trump guilty on all counts.
In July, Trump attorney Todd Blanche filed a motion citing the U.S. Supreme Court’s ruling that former presidents have substantial immunity for official acts. Blanche argued that evidence involving Trump’s official duties, such as testimony from former White House staffers, his presidential tweets, responses to FEC inquiries, and other related matters was improperly admitted during the trial.
This story is developing…
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