Trump loses bid to toss hush money conviction on immunity grounds
Judge rules Trump’s conviction for falsifying records should stand, despite Supreme Court immunity ruling
Donald Trump on Monday lost a bid to overturn his criminal conviction stemming from hush money paid to a porn star in light of the US Supreme Court’s July ruling recognising immunity from prosecution for a president’s official acts.
Justice Juan Merchan’s denial of Trump’s motion to dismiss the New York state case forecloses one avenue for the Republican president-elect to enter the White House on January 20 for his second four-year term without the stain of a criminal conviction.
Trump’s lawyers are separately trying to have the verdict overturned on separate grounds in the wake of his defeat of Democratic Vice-President Kamala Harris in the November 5 election. Merchan has not yet ruled on that motion.
In Monday’s 41-page decision, Merchan sided with Manhattan District Attorney Alvin Bragg’s office, which brought the case. The prosecutors argued their case dealt with Trump’s personal conduct, not his official acts as president.
The judge said Trump’s prosecution for “decidedly personal acts of falsifying business records poses no danger of intrusion on the authority and function of the executive branch”.