Judge Juan Merchan wrote Monday that Donald Trump’s hush money conviction should not be dismissed because of the Supreme Court’s presidential immunity decision, ruling that the evidence presented by the Manhattan district attorney’s office was not related to Trump’s official actions as president.
The judge did not, however, rule Monday on a motion from Trump’s attorneys to dismiss the conviction because Trump has now been elected president. Instead, his 41-page decision focused on the question of presidential immunity. Merchan wrote that the evidence contested by Trump’s lawyers related “entirely to unofficial conduct” and should receive no immunity protections.
“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.
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