In a recent development, Judge Juan Merchan rejected a request from President-elect Donald Trump's legal team to dismiss the charges filed by Manhattan District Attorney Alvin Bragg. The defense argued for presidential immunity, citing a Supreme Court ruling, but Merchan countered that the evidence presented pertained solely to actions outside the scope of official duties and thus offered no immunity protection.
The judge's decision follows a July motion by Trump's team to overturn his guilty verdict in New York v. Trump, referencing the Supreme Court's recognition of presidential immunity for official acts. Merchan emphasized that even if the evidence were considered related to official conduct, its use to demonstrate the falsification of business records—a distinctly personal act—posed no threat to the executive branch's authority. Ample non-motive-related evidence further supported this conclusion.
Merchan also asserted that any potential error in introducing the challenged evidence was inconsequential given the substantial evidence of guilt. While this request was denied, a ruling on Trump's formal motion for complete case dismissal is still pending.
Trump spokesman and incoming White House communications director Steven Cheung criticized the decision, calling it a violation of Supreme Court precedent on immunity. He insisted on immediate dismissal, emphasizing the need for Trump to focus on the presidential transition and execute his duties unimpeded by legal proceedings.
FILE - Judge Juan M. Merchan poses in his chambers in New York, March 14, 2024. (AP Photo/Seth Wenig, File)
Cheung expressed hope that a swift resolution to these legal matters would allow the country to unite behind President-elect Trump. Trump has pleaded not guilty to 34 counts of falsifying business records, charges stemming from a long-running investigation into alleged hush money payments initiated by former Manhattan DA Cyrus Vance and prosecuted by Bragg. A jury found Trump guilty on all counts following a six-week trial.
Trump's attorney, Todd Blanche, invoked the Supreme Court’s immunity ruling in a July motion, arguing against the admissibility of certain evidence related to "official acts," including testimony from former White House officials and evidence concerning special counsel investigations, congressional inquiries, presidential pardons, FEC responses, and Trump’s Twitter activity.
Former President Trump and Manhattan District Attorney Alvin Bragg. (Emily Elconin/Michael M. Santiago/Getty Images)
Earlier this month, Trump's lawyers formally requested the immediate dismissal of the charges, labeling the case as politically motivated "lawfare." They contended that the proceedings interfered with Trump’s transition and preparation for his second term. While Bragg proposed staying the case until the end of Trump's term, Trump's legal team argued that the Office of Legal Counsel's opinion on presidential indictments, even if deferred, applies to this situation. They dismissed the notion of resuming proceedings after Trump leaves office, more than a decade after the investigation began in 2018.
