Judge rejects Trump’s request to drop Bragg charges in New York on the basis of presidential immunity

Judge rejects Trump’s request to drop Bragg charges in New York on the basis of presidential immunity

Judge Juan Merchan on Monday rejected Trump lawyers’ request to dismiss Manhattan District Attorney Alvin Bragg’s charges against him on the basis of presidential immunity.

The ruling came after President-elect Trump and his team asked Merchan in July to overturn his conviction in the New York v. Trump case, citing the U.S. Supreme Court’s ruling that presidents enjoy immunity for official acts.

Merchan ruled that the evidence presented at trial “was entirely the result of unofficial conduct and therefore does not enjoy immunity.”

“Furthermore, even if this court were to consider all disputed evidence, both received and non-preserved, to be official conduct falling within the outer scope of defendant’s presidential authority, it would still find that the use of those acts by the people as evidence of the decisive decision made “Personal acts of falsifying business records do not pose a threat of interference with the authority and function of the executive branch, a conclusion sufficiently supported by non-motive evidence,” writes Mercan.

Merchan also argued that the court said, “If an error was made in introducing the impugned evidence, that error is harmless in light of the overwhelming evidence of guilt.”

TRUMP LAWYERS FILE MOTION TO DISMISS NEW YORK ‘FAILURE LEGISLATION’ CASE RELATING TO HUNTER BIDEN EFFECTION

Merchan denied that request but has yet to rule on President-elect Trump’s formal request to dismiss the case altogether.

“Today’s decision by the deeply controversial Acting Judge Merchan on the Manhattan DA Witch Hunt is a direct violation of the Supreme Court’s decision on immunity and other long-standing case law,” Trump spokesman and incoming White House communications director Steven Cheung told Fox News Digital. “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.” everyone else, witch hunt.

Merchandise in New York Chambers

FILE – Judge Juan M. Merchan poses in his chambers in New York on March 14, 2024. (AP Photo/Seth Wenig, File)

Cheung added: “The sooner these hoaxes end, the sooner our country can unite behind President Trump for the good of all Americans.”

Trump pleaded not guilty to 34 counts of first-degree falsifying business records stemming from the Manhattan district attorney’s office’s years-long investigation into alleged hush-money payments. Former Manhattan District Attorney Cyrus Vance opened the investigation, and Bragg filed charges against Trump.

After an unprecedented six-week trial in New York City, a jury found the president guilty on all counts.

The US Supreme Court ruled that a former president enjoys significant immunity for official acts committed while in office.

In the formal motion in July, Trump attorney Todd Blanche pointed to the Supreme Court’s immunity ruling and argued that certain evidence of “official actions” should not have been admitted during the trial.

In particular, Blanche argued that the testimony of former White House Communications Director Hope Hicks; former Special Assistant to the President Madeleine Westerhout; Testimony regarding the Office of Special Counsel and Congressional Investigations and the Pardon Power; Statement Regarding President Trump’s Response to FEC Inquiries; His presidential Twitter posts and other related statements were inadmissibly admitted during the trial.

Trump and Manhattan DA Bragg

Former President Trump and Manhattan District Attorney Alvin Bragg. (Emily Elconin/Michael M. Santiago/Getty Images)

Meanwhile, Trump’s lawyers formally requested the “immediate” dismissal of charges against the president-elect earlier this month New York against Trump, declaring that the “failed litigation” case “should never have been brought.”

TRUMP ASKS NEW YORK JUDGE TO OVERTURN GUILTY VERDICT, CHARGE AFTER SCOTUS IMMUNITY VERDICT

Trump lawyers said the case “would never have been initiated were it not for President Trump’s political views, the transformative national movement established under his leadership, and the political threat he posed to entrenched, corrupt politicians in Washington, D.C. and beyond.” represents.”

Trump lawyers said that “the wrongful continuation of proceedings in this failed legal case disrupts President Trump’s transition efforts and his preparations to exercise the full Article II executive power enshrined in the Constitution pursuant to the overwhelming national mandate given to him on November 5th.” granted by the American people in 2024.”

Last month, Bragg asked Judge Juan Merchan to stay the case until the end of Trump’s second term, but Trump’s lawyers noted that the Office of Legal Counsel at the Justice Department concluded that “the categorical prohibition on federal prosecutions in one session “be president…even if the case were rested…applies to this situation.”

They added that Bragg’s “ridiculous suggestion that they could simply reopen the case after President Trump leaves office, more than a decade after they began their investigation in 2018, is not an option.”

This is a developing story. Please check back for updates.

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