We knew the decision would come. Judge Juan Merchan made the decision late Monday afternoon regarding President-elect Donald Trump’s request to set aside the Manhattan falsified records case verdict.
Merchan refused Trump’s request, but this ruling is only relevant to presidential immunity. The motion to dismiss the matter due to Trump’s election, and the final issue of sentencing are still pending.
In July, the U.S. Supreme Court decided on the issue of presidential immunity. Trump’s legal team then moved to set aside the verdict, claiming that the evidence in the case was inadmissible in light of the ruling by the U.S. Supreme Court.
Merchan, after several delays in the expected ruling, has now denied Trump’s motion.
Merchan wrote that the evidence contested by Trump’s lawyers related “entirely to unofficial conduct” and should receive no immunity protections.
Merchan wrote: “This Court concludes, if an error occurred in the introduction of the challenged proof, it was harmless given the overwhelming evidence of guilty.” Even if the Court found that the disputed proof constitutes official acts, which it doesn’t, the Defendant’s motion is denied, as the introduction of disputed evidence represents harmless error and there has been no mode of proceeding error.
Merchan’s decision outlines several pieces of evidence that Trump’s attorneys claimed shouldn’t have been heard in court due to the immunity ruling, including testimony from Hope Hicks and Madeleine Westerhout, as well as Michael Cohen.
Merchan wrote, “It is logical and reasonable that communications that further the cover-up of the same act should be unofficial.”
Trump can now appeal the ruling. It is expected that an appeal will be filed very quickly.
There is no indication at this time when Merchan will rule on the remaining issues. We will continue to follow the case and provide updates when they become available.
