Former United States President Donald Trump leaves court after a jury found him guilty of all 34 counts in his criminal trial in New York State Supreme Court in New York, New York, States United States, 30 May 2024. Trump faces 34 counts of business forgery. records related to payments made to adult film star Stormy Daniels during his 2016 presidential campaign.
Justin Lane | Via Reuters
President elected Donald Trump on Monday he lost an effort to have his criminals hush money conviction dismissed in a New York court at the request of presidential immunity.
Manhattan Supreme Court Justice Juan Merchan dismissed Trump's lawyers' arguments that the prosecution's use of testimony from former White House staffers at trial and before a grand jury, as well as other evidence, he needed to dismiss the case.
Merchan has yet to rule on other claims by Trump's lawyers that they say would justify tossing out his conviction on 34 felony counts of falsifying business records — claims that include Trump's election as President in November for a second non-consecutive term.
It is unclear when Trump could be sentenced if Merchan rejects the remaining impeachment arguments.
The Manhattan District Attorney's Office, which prosecuted Trump, suggested to the judge the possibility of postponing the sentence until after he leaves the White House, or assure him that he will not be sentenced to prison.
Trump's lawyers in the claim dismissed by Merchan on Monday cited a US Supreme Court ruling in July that found Trump — and other US presidents — have presumptive criminal immunity for official acts in office.
But Merchan said in his decision that even if he were to find that all the evidence challenged by Trump's lawyers "was official conduct that falls within the outer perimeter of the Defendant's Presidential authority," he would still find that the -use by the prosecution as evidence "of the decided decision. personal acts of falsification of business records do not create any danger of intrusion into the authority and function of the Executive Branch."
"Finally this Court concludes that if an error occurred in relation to the introduction of the contested evidence, such an error was not harmful in light of the great evidence of guilt," Merchan wrote in the judgment of 41 pages.
Trump's attorney Todd Blanche on Monday asked Merchan to postpone the president-elect's sentencing in the case until all appeals are exhausted.
Trump became the first former president to be convicted of a crime when he was found guilty of the charges in Manhattan Supreme Court — a state-level trial court — in May.
The falsified records related to a $130,000 payment that Trump's then-lawyer, Michael Cohen, made to porn star Stormy Daniels on the eve of the 2016 presidential election. Cohen, who was later reimbursed by Trump, said the payment was in exchange for Daniels' agreement to keep quiet about an alleged one-time sexual encounter with Trump a decade earlier.
Trump denied having sex with Daniels.
The payment took place before Trump was first elected as president. But some evidence during the trial was connected to Trump's tenure in the White House.
Trump's transition spokesman Steven Cheung, in a statement obtained by NBC News, said, "Today's decision by Merchan, acting a deeply conflicted Justice in the Manhattan DA Witch Hunt is a direct violation of the decision of -Supreme Court on immunity, and other jurisprudence that has been around for a long time."
"This lawless case should never have been brought, and the Constitution demands that it be dismissed immediately, as President Trump should be allowed to continue the Presidential Transition process, and execute the vital duties of the presidency, without hindered by the remains of this, or any other, Witch Hunt,” said Cheung.