The Supreme Court ruled that Donald Trump had broad immunity as to actions taken while president, some of which were the foundation of the federal criminal charges in DC. Special Counsel Jack Smith ended up re-filing the charges to get around the immunity ruling, but the case ended up on hold after Trump won the election.
One issue was whether that immunity ruling would also require dismissal of the bookkeeping conviction obtained by Alvin Bragg in New York City. Trump moved to overturn the jury verdict on the grounds that evidence was presented during the trial within the scope of Trump’s immunity.
Judge Juan Merchan just rejected the motion, though it’s unlikely the case will go anywhere anyway. From the Decision and Order:
Unlike [the DC federal court case], this court need not decide whether the crimes of which Defendant was convicted constitute official acts because Defendant concedes that they were decidedly unofficial. The much narrower issue presented here is whether a discrete subset of evidence admitted at trial constituted official acts deserving of some level of immunity, whether it be absolute or presumptive. To evaluate each of those clarms, it is important to understand the context of the unofficial acts for which Defendant stands convicted….***This Court finds that Defendant preserved his claims only as to the testimony of Hope Hicks, OGE Form 278e, and Twitter postings identified as People’s Exhibits 407F through 407I. All other claims are denied as unpreserved; andThis Court further finds that the evidence related to the preserved claims relate entirely to unofficial conduct and thus, receive no immunity protections; andAs to the claims that were unpreserved, this Court finds in the altetnative, that when considered on the merits, they too are denied because they relate entirely to unofficial conduct entitled to no immunity protections; andFurther, even if this Court were to deem all of the contested evidence, both preserved and unpreserved, as official conduct falling within the outer perimeter of Defendant’s Presidential authority, it would still find that the People’s use of these acts as evidence of the decidedly personal acts of falsifuing business records poses no danger of intrusion on the authority and function of the Executive Branch, a conclusion amply supported by non-motive-related evidence; andLastly, this Court concludes that if error occurred regarding the introduction of the challenged evidence, such error was harmless in light of the overwhelming evidence of guilt.
Team Trump reacted:
“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,” Trump spokesman and incoming White House communications director Steven Cheung told Fox News Digital. “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: “The sooner these hoaxes end, the sooner our country can unite behind President Trump for the betterment of all Americans.”
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