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President-elect Trump’s attempt to overturn his conviction in a New York criminal hush money case was rejected Friday.
New York Judge Juan Marchand rejected President Trump’s request to set aside the verdict in the case based on the Supreme Court’s presidential immunity decision.
The sentencing is scheduled for 9:30 a.m. on Jan. 10, and the president-elect will have the option of appearing in court in person or virtually. But Marchand said he had no intention of sentencing the president-elect to prison.
In his ruling, Machan wrote that he would not likely “impose any jail sentence” but would instead issue a sentence of “unconditional release”, meaning no punishment.
Trump will be inaugurated as the 47th President of the United States on January 20th.
ATLANTA, GA – OCTOBER 15: Republican presidential candidate and former President Donald Trump speaks at a campaign rally at the Cobb Energy Performing Arts Center on October 15, 2024 in Atlanta, Georgia. Vice President Kamala Harris has been campaigning in the Atlanta area this week as early voting begins today in Georgia, with both President Trump and the Democratic presidential nominee showing a close race. (Kevin Dietsch/Getty Images)
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Marchan said he was still considering other motions Trump filed to dismiss the case.
He also rejected a proposal by prosecutors to uphold the verdict but end the proceedings, saying it would deny Trump his right to an appeal.
Stephen Chan, President Trump’s press secretary and incoming White House communications director, said, “Today’s order by Acting Judge Marchan, who is deeply conflicted over the Manhattan DA’s witch hunt, is an important step in the Supreme Court’s immunity decision and other longstanding This is a direct violation of legal precedent,” Stephen Chan, President Trump’s press secretary and incoming White House communications director, told Fox News Digital. “This lawless lawsuit should never have been filed, and the Constitution requires it to be dismissed immediately. President Trump will continue the presidential transition process unhindered by the debris and remnants of this incident. , must be allowed to carry out the important duties of the presidency.” This is a witch hunt. ”
Chung added, “There should be no sentencing. President Trump will continue to fight misinformation until we are all dead.”
Last month, Marchan also denied a request by Trump’s lawyers to dismiss the charges, citing executive privilege.
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.
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Marchand ruled that the evidence presented at trial “relates entirely to unofficial conduct and is therefore not entitled to the protection of immunity.”
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.
Last month, Trump’s lawyers formally asked for the charges against the president-elect to be dropped “immediately” in New York v. Trump, declaring that the “failed lawsuit” lawsuit “should never have been filed.”
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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 Washington, D.C., and beyond… Otherwise, this lawsuit would never have been filed.”
Trump’s lawyers said, “The misguided continuation of this failed lawsuit is in line with President Trump’s transition efforts and the overwhelming national mandate given to him by the American people on November 5th. “This hinders preparations for the full exercise of the Article II executive powers granted to us.” 2024. ”
In November, 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 “Prosecution by the government is categorically prohibited.” Mr. President…even if the case is on hold…that applies to this situation. ”
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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.”
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