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Judge rejects Trump’s request to dismiss Bragg’s charges in New York On the basis of presidential immunity

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on monday Judge Juan Mershan rejected a request by Trump’s lawyers to dismiss charges brought against him by Manhattan District Attorney Alvin Brack. On the basis of presidential immunity

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The decision came after President Donald Trump and his team asked Merchan to overturn his guilty verdict in New York v. Trump, citing a U.S. Supreme Court decision. that the president is immune to official actions;

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Merchan ruled that the evidence presented at trial was relevant. “All informal actions Therefore, they are not protected.”

“Furthermore, even though this court considers all contested evidence, both preserved and not, to be official acts outside the scope of defendants’ presidential authority, it still finds that the public relied on these acts as decisive evidence. Individual acts of falsifying business records do not pose the danger of encroaching on the powers and duties of management. conclusions that are adequately supported by evidence that is independent of motivation,” Merchan wrote.

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Merchan also argued that the court said “If a mistake has been made regarding the introduction of disputed evidence, Such errors are harmless when there is overwhelming evidence of guilt.”

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Trump’s lawyers filed to dismiss the case. ‘FAILED LAW’ IN NEW YORK REFERRING TO HUNTER BIDEN’S PARONS

The merchant declined the request. But it has not yet ruled on President Trump’s formal request to dismiss the case outright.

“Today’s decision by Acting Manhattan DA Witch Hunt Judge Merchan is a direct violation of the Supreme Court’s ruling on immunity. and other jurisprudence It has been a long-standing issue,” Steven Cheng, Trump spokesman and White House communications director, told Fox News Digital. “This illegal case should not have happened. And the Constitution calls for immediate dismissal of the case. Because President Trump must be allowed to continue the presidential transition process. and perform important duties of the presidency. Unobstructed by the remains of this case or anything else, Witch Hunt.”

Merchant in the New York Room

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

Cheung added: “The sooner these scams end, the sooner they will end. The sooner our country can come together behind President Trump. To make all Americans better.”

Trump has pleaded not guilty to 34 counts of falsifying business records in the first degree. It stems from a year-long investigation involving allegations of hush money payments. The investigation was initiated by the Manhattan District Attorney’s Office. Former Manhattan District Attorney Cyrus Vance initiated the investigation. And Bragg sued Trump.

After a six-week trial in New York City The jury found the president guilty on all counts.

at United States Supreme Court It ruled that former presidents have substantial immunity from official actions while in office.

In an official move in July Trump lawyer Todd Blanche pointed to the Supreme Court decision and argued that some of Trump’s evidence should not be admitted. “official action” during the trial

In particular, Blanche disputes such testimony from former White House Communications Director Hope Hicks; Former Special Assistant to the President Madeleine Westerhout; Testimony regarding the Office of Special Counsel and congressional investigations and the power of pardon Testimony regarding President Trump’s responses to FEC inquiries, the president’s Twitter posts and other testimony. His involvement was admitted without permission during the trial.

Trump and Manhattan DA Bragg

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

Meanwhile Trump’s lawyer earlier this month has formally requested that the charges against the president-elect be dismissed in New York v. Trump, Statement on the case of “law failure” “should not be prosecuted”

Trump asks New York judge to convict PROSECUTION AFTER SCOTUS IMMUNITY TRIAL

Trump’s lawyers say the case “That will never happen. If not for President Trump’s political views. A transformative national movement was established under his leadership. and the political threat he poses to corrupt politicians in Washington, D.C. and elsewhere.”

Trump’s lawyer said “Continuing this failed legal case hampers President Trump’s transition efforts. and his preparation to exercise constitutionally authorized Section 2 executive authority in accordance with the overwhelming national directive the American people gave him on November 5, 2024.”

Last month, Bragg asked Judge Juan Merchan for the case to stay until the end of Trump’s second term, but Trump’s lawyers noted that the Office of Legal Counsel in the Justice Department concluded that “The absolute ban on federal prosecution of sitting The president…even if the case is settled…is applicable to this situation.”

They added that “Bragg’s ridiculous suggestion that they can continue litigation after President Trump leaves office. More than a decade after they began their investigation in 2018, that is not an option.”

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

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