A New York judge rejected a claim by Trump’s lawyers that he is immune from prosecution as a former US president.
A United States judge has rejected a claim by Donald Trump’s lawyers that the president-elect’s hush money conviction should be thrown out because the Supreme Court has ruled that former presidents are immune from prosecution.
New York Judge Juan Merchan said on Monday that the US Supreme Court’s decision granting immunity for “official acts” did not apply to testimony at Trump’s trial, which related “entirely to unofficial conduct entitled to no immunity protections”.
Merchan’s ruling is the latest development in the long-running case against the president-elect, in which sentencing is still pending.
In May, a New York City jury found Trump guilty on all 34 felony counts of falsifying business documents in relation to a payment of $130,000 made to adult film actress Stormy Daniels in the run-up to the 2016 presidential election.
Prosecutors convinced a jury that Trump’s payments were made to cover up a scandal that would have hurt his 2016 campaign against Democrat Hillary Clinton, whom he ultimately beat.
Trump’s sentencing was initially set for July 11 but that was later pushed to November 26.
Following Trump’s victory in the November 5, 2024 presidential election, Trump’s lawyers pressed Merchan to throw the case out, “to facilitate the orderly transition of executive power — and in the interests of justice”.
New York prosecutors have said they are open to delaying sentencing until after Trump’s second term as president but have pushed back against his lawyer’s claims the case should be dismissed outright.
Trump could face a prison sentence of up to four years for each felony count, though court observers say it is unlikely he would face time behind bars as opposed to probation or community service.
Trump’s second term as president will officially begin on January 20, 2025. He is the first US president, past or present, to be charged and convicted of a crime.
The hush money case is only one of several legal cases the former reality television star has been involved in.
In late November, US Special Counsel Jack Smith moved to dismiss two criminal cases that accused Trump of seeking to overturn his 2020 election defeat and of mishandling secret government documents, citing his pending return to the White House.
Also last month, Trump’s lawyers separately asked New York Attorney General Letitia James to quash a civil judgement against him for fraud and a $464m penalty, “for the greater good of the country”, as he prepares to return to power.
In a letter to Trump’s lawyer John Sauer, published on social media, New York Deputy Solicitor General Judith Vale denied the request.
