Merchan declines to toss Trump hush money conviction on immunity grounds

By Jen Krausz on
 December 17, 2024

Judge Juan Merchan ruled Monday that immunity did not necessitate dismissing the hush money convictions obtained against President-elect Donald Trump, but he did not rule on whether Trump's election to the presidency was grounds for dismissal.

Merchan said that the events that precipitated the charges happened before Trump was president, so he didn't have immunity.

Some of the testimony concerned events that happened during Trump's presidency, but Merchan said that they were not official events, so immunity did not apply.

“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,” Merchan wrote. “Even if this Court did find that the disputed evidence constitutes official acts under the auspices of the Trump decision, which it does not, Defendant’s motion is still denied as introduction of the disputed evidence constitutes harmless error and no mode of proceedings error has taken place.”

The conviction poses “no danger of intrusion on the authority and function of the Executive Branch,” Merchan further wrote.

Trump spokesperson Steven Cheung said of the ruling, ”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. 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.”