NYC judge rejects Trump's bid to dismiss conviction based on presidential immunity

Judge Juan Merchan rejected President-elect Donald Trump's request to dismiss the conviction in his New York criminal case on the basis of presidential immunity.On Monday, Merchan presented a 41-page ruling denying Trump's bid and upholding the 34-count conviction for falsifying business records.'This lawless case should have never been brought.'Earlier this year, Trump's lawyers filed a motion to overturn the jury's guilty verdict, arguing that some of the prosecution's evidence was from his time in office and should have been excluded based on the United States Supreme Court's presidential immunity ruling.Merchan wrote in his rejection that all of the evidence was related "entirely to unofficial conduct and thus, receive no immunity protections.""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," Merchan stated.Steven Cheung, a spokesperson for Trump, told Fox News Digital, "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.""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," Cheung added.While Merchan has rejected this request, he has not yet ruled on Trump's formal bid to dismiss the case.Manhattan District Attorney Alvin Bragg's office has argued against Trump's request to dismiss the convictions and instead asked for the case to be put on ice until the end of his presidency.Bragg's office contended that issuing a stay and waiting to sentence Trump in 2029 would exempt him "from any immediate obligations in this case during his time in office, while at the same time respecting the public interest in upholding the rule of law and preserving the meaningful aspects of the criminal process that have already taken place."Trump's lawyers argued that Bragg's "ridiculous suggestion that they could simply resume proceedings after President Trump leaves Office, more than a decade after they commenced their investigation in 2018, is not an option."Trump is no longer facing any federal indictments. The Georgia case, which never reached trial, is currently tied up in appeals.Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!

Dec 17, 2024 - 11:28
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NYC judge rejects Trump's bid to dismiss conviction based on presidential immunity


Judge Juan Merchan rejected President-elect Donald Trump's request to dismiss the conviction in his New York criminal case on the basis of presidential immunity.

On Monday, Merchan presented a 41-page ruling denying Trump's bid and upholding the 34-count conviction for falsifying business records.

'This lawless case should have never been brought.'

Earlier this year, Trump's lawyers filed a motion to overturn the jury's guilty verdict, arguing that some of the prosecution's evidence was from his time in office and should have been excluded based on the United States Supreme Court's presidential immunity ruling.

Merchan wrote in his rejection that all of the evidence was related "entirely to unofficial conduct and thus, receive no immunity protections."

"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," Merchan stated.

Steven Cheung, a spokesperson for Trump, told Fox News Digital, "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."

"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," Cheung added.

While Merchan has rejected this request, he has not yet ruled on Trump's formal bid to dismiss the case.

Manhattan District Attorney Alvin Bragg's office has argued against Trump's request to dismiss the convictions and instead asked for the case to be put on ice until the end of his presidency.

Bragg's office contended that issuing a stay and waiting to sentence Trump in 2029 would exempt him "from any immediate obligations in this case during his time in office, while at the same time respecting the public interest in upholding the rule of law and preserving the meaningful aspects of the criminal process that have already taken place."

Trump's lawyers argued that Bragg's "ridiculous suggestion that they could simply resume proceedings after President Trump leaves Office, more than a decade after they commenced their investigation in 2018, is not an option."

Trump is no longer facing any federal indictments. The Georgia case, which never reached trial, is currently tied up in appeals.

Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!

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Originally Published at Daily Wire, World Net Daily, or The Blaze

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Fibis I am just an average American. My teen years were in the late 70s and I participated in all that that decade offered. Started working young, too young. Then I joined the Army before I graduated High School. I spent 25 years in, mostly in Infantry units. Since then I've worked in information technology positions all at small family owned companies. At this rate I'll never be a tech millionaire. When I was young I rode horses as much as I could. I do believe I should have been a cowboy. I'm getting in the saddle again by taking riding lessons and see where it goes.