New York Judge Juan Merchan has upheld a jury’s felony conviction of President-elect Donald Trump in the hush money case, ruling that the verdict withstands the Supreme Court’s recently refined test for presidential immunity. This ruling marks another chapter in Trump’s complex legal saga, as he prepares to assume the presidency following his electoral victory over Vice President Kamala Harris.
The judge’s ruling addressed Trump’s contention that key evidence used during the seven-week trial—such as testimony from former White House aides, Trump’s tweets from his time in office, and his government ethics form—was shielded by the Supreme Court’s presidential immunity doctrine. Merchan disagreed, stating that the evidence pertained to unofficial conduct and thus did not qualify for immunity protections.
Immunity Argument Rejected
“The evidence related to the preserved claims relates entirely to unofficial conduct and thus, receives no immunity protections,” Judge Merchan wrote in his decision. He further noted that Trump had failed to raise some of these objections earlier in the process, weakening his case. Even when considering the merits of Trump’s arguments, Merchan found that none of the evidence in question was protected.
Merchan’s decision aligns with the Supreme Court’s recent clarification that former presidents enjoy absolute immunity for core constitutional powers and presumptive immunity for official acts. However, unofficial conduct, including criminal acts, remains prosecutable. The jury, however, is barred from questioning a president’s motivations behind official decisions.
Bragg’s Case Prevails
Manhattan District Attorney Alvin Bragg (D) argued that the evidence in question played a minor role compared to the broader body of proof supporting Trump’s guilt. Merchan agreed, concluding that the jury’s decision rested on substantial non-motive-related evidence and that the use of certain acts as evidence posed no risk to the Executive Branch’s authority.
Trump was convicted on 34 counts of falsifying business records, stemming from a $130,000 hush money payment to adult film actress Stormy Daniels during the 2016 presidential campaign. Prosecutors claimed the payment was part of an unlawful scheme to influence the election by concealing an alleged affair, which Trump denies.
The case, the first criminal prosecution of a former U.S. president, has drawn immense national attention, particularly as Trump successfully campaigned for the presidency while under indictment.
Presidential Election Complicates Matters
Trump’s lawyers have also argued that his election victory renders the conviction moot and that the case should be dismissed entirely. While the judge has not yet ruled on this request, alternative options, such as pausing proceedings during Trump’s presidential term, have been floated by prosecutors.
Steven Cheung, Trump’s spokesperson and incoming White House communications director, criticized Merchan’s decision. “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,” Cheung said in a statement.
The Manhattan District Attorney’s office declined to comment.
Juror Misconduct Allegations
In a separate development, Trump has alleged juror misconduct in a Dec. 3 letter to the court. While Judge Merchan revealed this letter’s existence, details remain sparse, with more information expected to be released in redacted form.
Other Legal Battles Shift
Trump’s other legal troubles have seen dramatic turns since his election victory. Special counsel Jack Smith recently dropped all charges against Trump in both the federal election subversion and classified documents cases. Meanwhile, Trump’s Georgia criminal case is paused indefinitely as an appeals court reviews a pretrial defense challenge. Trump’s attorneys have moved to dismiss that case as well.
Judge Merchan’s ruling reaffirms the strength of the New York case while leaving unresolved questions about how Trump’s presidency might shield him from ongoing legal jeopardy. For now, the case remains a stark reminder of the unprecedented legal and political challenges surrounding Trump’s return to power.
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