Judge in Trump hush money case rejects attempt to overturn guilty verdict

The New York judge who presided over Donald Trump's secret trial has rejected the president-elect's attempt to overturn his guilty verdict on grounds of presidential immunity.

“Defendants' motion to dismiss the indictment and verdict is denied,” Judge Juan Merchan wrote in a ruling issued Monday.

Merchan issued the ruling after also denying Trump's argument that he was already protected by presidential immunity because of his election victory. “This court disagrees,” he wrote.

Trump spokesman Steven Cheung criticized the decision, calling it a direct violation of the Supreme Court's ruling on immunity.

“This illegal case should never have been brought and the Constitution requires that it be immediately dismissed,” he said.

Trump was convicted in May of 34 counts of falsifying business records related to a hush money payment that his then-lawyer, Michael Cohen, paid to porn star Stormy Daniels in the final days Daniels claimed to have had a sexual relationship with Trump in 2006, an allegation he denied.

Trump's lawyers had argued that the indictment and verdict should be overturned in light of a Supreme Court ruling issued weeks later that created a new standard for presidential immunity.

Donald Trump in Manhattan criminal court on May 28, 2024. Andrew Kelly / Pool via AFP – Getty Images file

Prosecutors in the Manhattan District Attorney's Office, they argued, should not have been allowed to present jurors with evidence of Trump's official actions, including public statements related to the case. Prosecutors countered that the evidence did not affect the verdict, which they said should stand.

Merchan agreed, citing “the overwhelming evidence of guilt” presented by the prosecutor’s office.

He said some of “Trump's claims” relate entirely to unofficial conduct and therefore receive no immunity protection.

“[E]Even if this Court were to view all of the challenged evidence, preserved or not, as official conduct falling within the outer scope of defendant's presidential authority, it would still conclude that the People are using these acts as evidence of the decidedly personal acts of the accused. falsification of business records presents no danger of intrusion into the authority and function of the executive branch,” he wrote.

Mercan last month postponed sentencing while he considers Trump's motions to dismiss the case. Trump has another, more sweeping motion that is still pending, and Merchan revealed in his order Monday that Trump also has a pending argument regarding allegations of juror misconduct.

The order does not mention the nature of the fault. Mercan asked attorneys for both sides to file their letters on the matter publicly and redacted.

He did not set a new sentencing date.

Trump is expected to be sworn in as president on January 20.

Adam Reiss

Adam Reiss is a reporter and producer for NBC and MSNBC.

Laura Jarrett

Laura Jarrett is a senior legal correspondent for NBC News.

Dareh Gregorian

Dareh Gregorian is a political reporter for NBC News.

Garrett Haake contributed.

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