Trump's request for presidential immunity in the Bragg charges in New York is rejected by the judge.

Trump's motion to dismiss charges has not yet been ruled on by Judge Merchan.

Trump's request for presidential immunity in the Bragg charges in New York is rejected by the judge.
Trump's request for presidential immunity in the Bragg charges in New York is rejected by the judge.

On Monday, Juan Merchan was found guilty by Manhattan District Attorney Alvin Bragg despite Trump attorneys' request for presidential immunity.

The decision to overturn the guilty verdict of President-elect Trump in New York v. Trump was made after his team requested it in July, citing the U.S. Supreme Court's ruling that presidents have immunity for official acts.

The judge determined that the trial evidence was solely related to unofficial behavior and, therefore, did not qualify for immunity protections.

Even if the court considers all contested evidence, both preserved and unpreserved, as official conduct within the President's authority, it will still determine that the People's use of these acts as evidence of falsifying business records does not pose a threat to the Executive Branch's authority and function, as supported by non-motive-related evidence.

The Court ruled that any error in introducing the contested evidence was inconsequential due to the substantial evidence proving the defendant's guilt.

President-elect Trump's formal motion to dismiss the case has not been ruled on by Merchan yet, although he rejected that request.

"The decision by 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, according to Trump spokesman and incoming White House communications director Steven Cheung. 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."

Merchan in New York chambers
FILE - Judge Juan M. Merchan poses in his chambers in New York, March 14, 2024. (AP Photo/Seth Wenig, File)

Cheung stated that the quicker these hoaxes cease, the more Americans can come together in support of President Trump for the benefit of the nation.

Trump was charged with 34 counts of falsifying business records in the first degree, which stemmed from an investigation led by former Manhattan District Attorney Cyrus Vance and was later prosecuted by Manhattan District Attorney Bragg.

In a historic six-week trial in New York City, the president was found guilty on all charges.

A former president enjoys substantial immunity for actions performed while in office, as ruled by the U.S. Supreme Court.

In the formal motion in July, Trump attorney Todd Blanche argued that certain evidence of "official acts" should not have been admitted during the trial, citing the Supreme Court's immunity decision.

Blanche maintained that the testimony from former White House Communications Director Hope Hicks, former Special Assistant to the President Madeleine Westerhout, and other related testimony was inadmissible during the trial.

Trump and Manhattan DA Bragg
Former President Trump and Manhattan District Attorney Alvin Bragg. (Emily Elconin/Michael M. Santiago/Getty Images)

Trump lawyers recently requested to dismiss charges against the president-elect in the New York v. Trump case, stating that the "failed lawfare" case should never have been brought.

The case would not have been brought if it were not for Trump's political views, the national movement he established, and the political threat he poses to corrupt politicians in Washington, D.C. and beyond.

Trump lawyers argued that continuing the proceedings in this unsuccessful lawsuit is disrupting the president's transition and his preparation to exercise the full Article II executive power granted to him by the Constitution, as mandated by the American people on November 5, 2024.

Last month, Bragg requested to Judge Juan Merchan to postpone the case until the conclusion of Trump's second term. However, Trump's attorneys pointed out that the Office of Legal Counsel in the Justice Department determined that "the absolute ban on federal prosecution of a sitting president, even if the case were put on hold, applies to this scenario."

The suggestion that they could resume proceedings after President Trump leaves office, more than a decade after commencing their investigation in 2018, is not an option, as Bragg stated.

This is a developing story. Please check back for updates.

by Brooke Singman

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