New York Judge Refuses To Throw Out Donald Trump’s Hush Money Conviction

A New York judge refused to throw out President-elect Donald Trump’s conviction in his hush money trial on Monday.

Trump’s attorneys formally asked the court to dismiss the case earlier this month following the Supreme Court’s landmark ruling that found presidents are entitled to broad immunity from prosecution for official acts taken while in office. The president-elect’s lawyers said the high court’s decision meant evidence used in the hush money trial was invalid as it stemmed from Trump’s time in office.

But in a 41-page decision released Monday, Judge Juan Merchan said the case largely revolved around Trump’s actions before he began his first term. Even if evidence in violation of the Supreme Court’s findings was “admitted in error, such error was harmless,” Merchan wrote. The judge added that prosecutors had presented “overwhelming evidence of guilt” at trial.

“The People’s use of these acts as evidence of the decidedly personal acts of falsifying business records poses no danger of intrusion on the authority and function of the Executive Branch,” Merchan said.

A spokesman for Trump rejected the ruling later Monday, saying it was in “direct violation” of the immunity decision.

“This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed,” Steven Cheung told The New York Times.

Trump has several avenues left to dismiss the charges and will almost certainly appeal Merchan’s ruling to a higher court. The case could make its way to the Supreme Court, which has a strong 6-3 conservative majority and has found in favor of the president-elect before.

His lawyers have also argued that the hush money prosecution will impede a smooth transition to a new administration, citing the Presidential Transition Act of 1963. The act was made to “promote the orderly transfer of the executive power in connection with the expiration of the term of office of a President and the inauguration of a new President.”

Manhattan prosecutors have vehemently argued for the conviction to remain and suggested they would freeze the case for the duration of Trump’s next term. They have also proposed other ideas, such as closing the matter with the conviction intact while acknowledging Trump was never sentenced due to his immunity protections.

Merchan’s decision will maintain Trump’s felony conviction as he prepares for his inauguration, which could see him become the first convicted felon to serve as U.S. president if his remaining appeals are unsuccessful.

A jury found Trump guilty in May of 34 charges of falsifying business records to cover up allegations of an affair with the porn actor Stormy Daniels in the final days of the 2016 presidential election.

Despite the conviction, Trump has called himself an “innocent man” subject to a political prosecution.