New York: A New York judge on Monday ruled against President-elect Donald Trump’s conviction for hiding hush money payments to a porn star thrown out on defense grounds.
Judge Juan Marchon said in the ruling that the Supreme Court’s ruling granting presidents broad immunity for official acts does not apply to testimony in a case involving “purely casual conduct not entitled to immunity.”
“Defendant’s motion to dismiss the indictment and vacate the jury verdict . . . is denied.”
Monday’s ruling raises the possibility that Trump could become the first president to enter the White House with a felony conviction, pending his appeal of the jury’s verdict.
Trump plans to take the case to federal court, which would give him the power to end the case himself once he is re-elected president.
He challenged the conviction on several technical grounds, including allegations of misconduct by the judge.
Trump has long contested criminal proceedings brought against him after he paid a porn star to remain silent about an alleged sexual encounter and then hid the payments in an attempt to boost his chances in the 2016 election.
The judge hearing the only criminal case against Trump indefinitely postponed Trump’s sentencing at a Nov. 22 hearing, noting his victory in the Nov. 5 presidential election.
Trump’s legal team cited a landmark July ruling from the Supreme Court that gives US presidents broad immunity for official acts while in office as justification for their request to remove the sentence.
‘Proceedings adjourned?’
Prosecutors argued that Trump’s bid to throw out the case was “better” than what was needed to protect the president.
But prosecutors acknowledged that Trump should get special treatment to prevent him from interfering in his second White House term.
“Stays far short of dismissal … including a stay of proceedings during his tenure would serve that purpose,” the prosecutor’s office said before Merchan’s ruling.
Prosecutors convinced a jury during the hush money trial that Trump’s payments were made to cover up a scandal that hurt his 2016 campaign against Democrat Hillary Clinton, whom he ultimately defeated.
Last month, Trump’s lawyers separately asked New York Attorney General Letitia James to dismiss the civil lawsuit against him for fraud and a $464 million fine, saying he was preparing to return to power “in the greater good of the country.”
New York Deputy Solicitor General Judith Vail denied the request in a letter to Trump’s lawyer, John Sauer, published on social media.