Judge Merchan Denies Motion to Dismiss Alvin Bragg Charges Citing Presidential Immunity – One America News Network
OAN Staff Abril Elfi
5:52 PM – Monday, December 16, 2024
Judge Juan Merchan has dismissed the request from President-elect Donald Trump’s legal team to throw out the charges leveled by Manhattan District Attorney, Alvin Bragg, citing presidential immunity.
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On Monday, Judge Merchan stated that the evidence presented in the trial was “entirely tied to unofficial conduct and therefore does not qualify for immunity protections.”
“Moreover, even if this Court were to regard all the disputed evidence, both retained and discarded, as official conduct under the extent of Defendant’s Presidential authority, it would still conclude that the People’s reliance on these actions as evidence of personal acts of falsifying business records does not pose a threat to the authority and functions of the Executive Branch, a finding supported by non-motive-related evidence,” wrote Merchan.
This decision follows a request made in July by President-elect Trump and his staff, urging Merchan to overturn the guilty verdict in New York v. Trump, referencing the U.S. Supreme Court’s ruling on presidential immunity concerning official actions.
The judge also indicated that “if an error occurred regarding the presentation of the contested evidence, such an error was harmless given the overwhelming evidence of guilt.”
While he has denied the request, a ruling on Trump’s formal motion to completely dismiss the case remains pending.
In the meantime, Trump’s spokesperson and future White House communications director, Steven Cheung, stated to Fox News that the ruling represents a breach of the U.S. Supreme Court’s stance on immunity.
“Today’s ruling by the conflicted acting Justice Merchan in the Manhattan District Attorney Witch Hunt is a clear violation of the Supreme Court’s decision on immunity and established legal principles,” said Cheung. “This unjust case should have never been initiated, and the Constitution demands its immediate dismissal, allowing President Trump to proceed with the Presidential Transition and fulfill the essential responsibilities of the presidency, free from obstructions related to this or any other Witch Hunt.”
“The quicker these fabrications conclude, the sooner our nation can rally behind President Trump for the benefit of all Americans,” he added.
As part of the Manhattan District Attorney’s Office’s long-term investigation into the president-elect, Trump has pleaded not guilty to 34 counts of first-degree falsification of business records. Bragg initiated charges against Trump, initially prompted by former Manhattan District Attorney Cyrus Vance.
After an unprecedented six-week trial in New York City, a predominantly liberal jury found the former president guilty on every charge. Nevertheless, the U.S. Supreme Court ruled that a former president enjoys substantial immunity for official actions conducted while in office.
In a formal filing from July, Trump’s attorney, Todd Blanche, referenced the Supreme Court’s immunity ruling and contended that specific evidence related to “official acts” should not have been admitted during the trial.
Blanche specifically opposed the inclusion of testimonies from former White House Communications Director Hope Hicks and former Special Assistant to the President Madeleine Westerhout. He also challenged evidence related to the Special Counsel’s Office, Congressional investigations, the pardon power, Trump’s responses to FEC inquiries, his “presidential Twitter posts,” and other comparable information, arguing they were improperly allowed during the legal proceedings.
Earlier this month, Trump’s legal representatives formally requested to “immediately” dismiss the charges against the president-elect in New York v. Trump, declaring that the “failed lawfare” case “should never have been pursued.”
“This case would not have been initiated were it not for President Trump’s political standpoint, the transformative national movement he has fostered, and the political threat he presents to entrenched, corrupt politicians in Washington, D.C., and beyond,” Trump attorneys asserted. “Continuing with proceedings in this unsuccessful lawfare case disrupts President Trump’s transition efforts and his preparations to execute the full Article II executive powers granted by the Constitution based on the overwhelming national mandate given by the American people on November 5, 2024.”
Trump’s lawyers further emphasized that the Justice Department’s Office of Legal Counsel has concluded that “the categorical ban on the federal indictment of a sitting president… even if the case were held in abeyance… is applicable to this situation.”
Last month, Bragg requested Judge Juan Merchan to defer the case until the conclusion of Trump’s second term.
The defense argued that Bragg’s “absurd proposition that proceedings could simply resume after President Trump leaves office, over a decade after they launched their investigation in 2018, is not a feasible solution.”
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