Judge Merchan has declined to overturn former President Donald Trump’s hush money conviction, rejecting arguments that a recent U.S. Supreme Court ruling on presidential immunity should shield him from prosecution.
On Monday, New York Supreme Court Justice Juan Merchan ruled that the 34-count felony verdict against Trump for falsifying business records would stand.
Trump’s attorneys had sought to have the case dismissed in light of the Supreme Court’s decision earlier this year in Trump v. United States, which clarified the scope of presidential immunity for official conduct.
The defense argued that the introduction of materials—including testimony from former White House aides—was inappropriate because presidents are shielded from criminal prosecution for official acts.
Trump’s team also cited Department of Justice guidelines advising against the prosecution of a sitting president, suggesting that the legal proceedings would create unconstitutional hurdles, especially during the president-elect’s transition period following his 2016 victory.
In a 41-page decision, Merchan concluded that the Supreme Court’s recent ruling did not apply to the evidence at issue. He found that the contested materials related to actions that were “unofficial” and thus not covered by any form of presidential immunity. Even if some evidence could be considered official, the judge deemed its introduction “harmless error” given what he described as “overwhelming evidence of guilt.”
Merchan noted that Trump’s defense team had not properly preserved certain objections and waited too long to raise others. For the few claims that were timely, the judge maintained that they “relate entirely to unofficial conduct” and would not be protected under the Supreme Court’s immunity standards.
Trump’s legal team also raised concerns over possible juror misconduct, but they did not formally file a motion to dismiss on those grounds. In a letter referenced by CNN, Merchan invited Trump’s attorneys to present evidence in the proper form if they wished to pursue that angle.
Merchan explained that he could not act on “hearsay and conjecture” and was barred from disclosing unverified claims that could risk jurors’ safety.The conviction, handed down in May, carries the potential for prison time, though legal experts have pointed out constitutional questions regarding whether a president could serve time behind bars.
Trump has consistently denied wrongdoing, maintaining that any alleged affair with adult film actress Stephanie Clifford did not take place, and that the hush money payments were never intended to break the law.
With the judge’s ruling, the conviction remains intact, and no new timeline has been set for further motions tied to Trump’s election as president. Although Merchan previously paused deadlines until December to avoid interfering with the post-election transition, he rejected the notion that issuing a decision now would place undue burdens on the president-elect’s ability to govern.
Trump’s legal team has not announced its next steps, but the ruling underscores the ongoing political prosecution he faces despite his return to public office.