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Judge Rules Supreme Court Immunity Decision Does Not Apply to Trump Hush Money Case

A New York judge has rejected President-elect Donald Trump’s attempt to dismiss his criminal conviction in the hush money case, ruling that the Supreme Court’s presidential immunity decision does not apply.

Judge Juan Merchan stated Monday that the evidence presented in Trump’s trial related “entirely to unofficial conduct” and posed no threat to the authority or function of the executive branch.

Trump, who was found guilty in May on 34 felony counts of falsifying business records, sought to overturn the verdict, citing the Supreme Court’s July ruling that presidents are entitled to presumptive immunity for official acts performed while in office. Trump argued that evidence used during the trial, such as his interactions with aides and Twitter posts, involved protected official conduct.

However, Merchan ruled that the evidence introduced at trial—related to a hush money payment to adult film actress Stormy Daniels during Trump’s 2016 presidential campaign—was not official in nature.

“The evidence at issue relates entirely to unofficial conduct,” Merchan wrote. “It poses no danger of intrusion on the authority and function of the Executive Branch.”

The defense had highlighted Hope Hicks’ testimony about Trump’s 2018 discussions surrounding media coverage of the Daniels payment. Trump’s lawyers also argued that his tweets from 2018, which prosecutors used to demonstrate alleged pressure on attorney Michael Cohen to avoid cooperating with authorities, were official communications protected by presidential immunity.

Judge Merchan dismissed those claims, saying neither Hicks’ testimony nor Trump’s Twitter activity amounted to official acts.

“The title of Communications Director does not bestow absolute immunity to any and all communications with Ms. Hicks,” Merchan wrote, adding, “neither does mere reference to the Justice Department convert a Tweet to an official act.”

Trump’s conviction in May followed a jury finding that he falsified business records to conceal the hush money payment in order to boost his chances in the 2016 election. Sentencing has yet to take place.

In his ruling, Merchan underscored that the jury’s decision was supported by “overwhelming evidence of guilt.”

Trump’s legal team is expected to appeal the ruling as he prepares to take office in January.

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