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Judge Juan Marchan on Monday rejected a request by Trump’s lawyers to dismiss the charges filed against him by Manhattan District Attorney Alvin Bragg, citing presidential immunity.
The ruling follows President-elect Trump and his team’s decision in July to vacate the guilty verdict in New York v. Trump, citing the U.S. Supreme Court’s ruling that presidents have immunity for official acts. It was issued in response to a request.
Marchand ruled that the evidence presented at trial “relates entirely to unofficial conduct and is therefore not entitled to the protection of immunity.”
“Furthermore, even if this court were to consider all of the challenged evidence, both preserved and unpreserved, to be official acts of defendants that fall within the fringe of presidential authority. The public used these acts as conclusive evidence. It will still be found that the private act of falsifying business records does not threaten to intrude on the powers and functions of the executive branch, and this conclusion is well supported by evidence unrelated to motive. “There is,” Marchand wrote.
Mr. Machan also claimed that the court stated that “even if there was an error in the introduction of the challenged evidence, such error is harmless in light of the overwhelming evidence of guilt.”
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Marchand denied that request, but has yet to rule on President-elect Trump’s formal motion to dismiss the lawsuit outright.
President Trump’s press secretary and incoming White House communications director, Stephen Chan, said, “Today’s decision by Acting Judge Marchand, who is deeply contradictory in the Manhattan DA’s witch hunt, is a direct result of the Supreme Court’s decision on immunity and other longstanding legal precedents.” “It’s in direct violation of the law,” he told Fox News Digital. “This lawless lawsuit should never have been filed, and the Constitution requires that President Trump be allowed to continue the presidential transition process and carry out the important duties of the presidency unencumbered by the fallout from this incident.” We demand that this lawsuit be dismissed immediately.”Anything else is a witch hunt.” ”
FILE – Judge Juan M. Marchan poses in a New York courtroom March 14, 2024. (AP Photo/Seth Wenig, File)
Chan added: “The sooner these rumors end, the sooner our country can come together under President Trump for the betterment of all Americans.”
President Trump has pleaded not guilty to 34 charges of first-degree falsification of business records, stemming from a years-long investigation by the Manhattan District Attorney’s office related to alleged hush-money payments. Former Manhattan District Attorney Cyrus Vance launched an investigation, and Bragg indicted Trump.
After an unprecedented six-week trial in New York City, a jury found the president guilty on all charges.
The U.S. Supreme Court has ruled that former presidents have substantial immunity for official acts committed while in office.
In a formal motion in July, President Trump’s lawyer Todd Blanche pointed to the Supreme Court’s immunity ruling, arguing that certain evidence of “official acts” should not be admitted during trial.
Specifically, Blanche claimed that former White House communications director Hope Hicks’ testimony was as follows: Madeline Westerhout, former special assistant to the president. Testimony regarding the Office of the Special Counsel and Congressional Investigations and Pardon Powers. Testimony regarding President Trump’s response to the FEC investigation. His presidential Twitter posts and other related testimony were impermissibly admitted during the trial.
Former President Trump and Manhattan District Attorney Alvin Bragg. (Emily Elconin/Michael M. Santiago/Getty Images)
Meanwhile, Trump’s lawyers earlier this month formally asked for the charges against the president-elect to be dropped “immediately” in New York v. Trump, declaring that the “failed law” case “should never have been filed.”
President Trump asks New York judge to overturn guilty verdict after Scottus immunity and indict him
Trump’s lawyers argued that “[t]he political views of President Trump, the transformative national movement established under his leadership, and the political threat he poses to deeply corrupt politicians in and around Washington, D.C.” Otherwise, this lawsuit would never have been filed.”
Trump’s lawyers said: “The misguided continuation of this failed lawsuit is constitutionally permissible, consistent with President Trump’s transition efforts and the overwhelming national mandate given to him by the American people on November 5th. This would hinder preparations for the full exercise of Article 2 executive powers.” 2024. ”
Last month, Mr. Bragg asked Judge Juan Marchan to put the case on hold until after the end of President Trump’s second term, but Mr. Trump’s lawyers said the Justice Department’s Office of General Counsel “is It concluded that “prosecution is strictly prohibited.” Mr. President…even if the case is on hold…that applies to this situation. ”
He added that Bragg’s “ludicrous suggestion that the process could be restarted after President Trump leaves office is not an option, more than a decade after the investigation began in 2018.”
This is a developing story. Please check back for the latest information.
Brooke Singman is a political correspondent and reporter for Fox News Digital, Fox News Channel and FOX Business.
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