A New York judge has rejected Donald Trump attorney's request to toss the president-elect's felony conviction in the Stormy Daniels hush money case. This comes despite the lawyers citing Supreme Court ruling that former presidents are immune from prosecution.
Judge Juan Merchan said the US Supreme Court ruling to grant immunity for "official acts" did not apply to the hush money case, which is an "unofficial conduct entitled to no immunity protections" and should receive no immunity protections.
A grand jury in Manhattan has voted to indict former US president @realDonaldTrump for paying hush money to @StormyDaniels porn star he was accused of having an affair with. Trump is the first former US president to face criminal charges. #StormyDaniels #TrumpIndictment pic.twitter.com/Tlt2VfOazX
— THE WEEK (@TheWeekLive) March 31, 2023
Merchan said if the act of falsifying records to cover up the payments is an unofficial act, the communications regarding the cover-up should also be considered unofficial.
The comes around seven months after a jury found Trump guilty of 34 felony counts of falsifying documents of payment of $130,000 made to porn actress Stormy Daniels ahead of the 2016 presidential elections.
The sentencing in the case was originally scheduled for July 11 but later it was adjourned to November 26. However, after Trump won the election in November, his lawyers sought to quash the case in order to "facilitate the orderly transition of executive power". Hence, the sentencing is still awaited.
Reacting to the judge's observation, Trump transition spokesperson Steven Cheung called it a direct violation of the Supreme Court decision on immunity and other longstanding jurisprudence." Cheung added that the sooner these hoaxes end, the "sooner our country can unite behind President Trump".
The lawyers of the president-elect are expected to appeal the New York judge's ruling. In November, Trump lawyers had also asked New York Attorney General Letitia James to toss out a civil judgement against him for fraud and a $464m penalty following his election win.