In a ruling released on Monday, December 16, Judge Juan Merchan, a judge that many on the right see as of the villains of the lawfare campaign against President-elect Donald Trump, ruled that President-elect Donald Trump’s felony conviction in the infamous “hush money” trial should not be dismissed despite the recent SCOTUS ruling on presidential immunity.
As background, the United States Supreme Court found in its decision in Trump v. United States, that presidents are protected from litigation by broad immunity for those actions that they perform in an official capacity while in office. Despite that SCOTUS ruling, Judge Merchan ruled that the May conviction of Trump in the New York business records case should not be dismissed.
In his 41-page ruling on the matter, Judge Merchan wrote that whatever evidence was wrongly allowed in, if any, was minimal in light of “overwhelming evidence” of President-elect Trump’s guilt. He said, “This Court concludes that if error occurred regarding the introduction of the challenged evidence, such error was harmless in light of the overwhelming evidence of guilt.”
Continuing, Merchan ruled that the immunity decision doesn’t here apply, and even if it did the change would have been minimal. He said, “Even if this Court did find that the disputed evidence constitutes official acts under the auspices of the Trump decision, which it does not, Defendant’s motion is still denied as introduction of the disputed evidence constitutes harmless error and no mode of proceedings error has taken place.”
Still not done, Judge Merchan then added, “Further, even if this Court were to deem all of the contested evidence, both preserved and unpreserved, as official conduct falling within the outer perimeter of Defendant’s Presidential authority, it would still find that 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, a conclusion amply supported by non-motive-related evidence.”
Speaking to Fox News Digital, Trump spokesman and incoming White House communications director Steven Cheung said, “Today’s decision by deeply conflicted, acting Justice Merchan in the Manhattan DA Witch Hunt is a direct violation of the Supreme Court’s decision on immunity, and other longstanding jurisprudence.”
Continuing, Cheung added in his statement to Fox News Digital, “This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed, as President Trump must be allowed to continue the Presidential Transition process, and execute the vital duties of the presidency, unobstructed by the remains of this, or any other, Witch Hunt.”
Still not done, Cheung then added that it will only be when such vicious forms of lawfare and ridiculous accusations end that America will be able to get united again and work toward a much better future under the Trump presidency. Making that claim, Cheung said, “The sooner these hoaxes end, the sooner our country can unite behind President Trump for the betterment of all Americans.”
Posting about the matter on his Truth Social social media platform, President-elect Trump said, “BREAKING: In a completely illegal, psychotic order, the deeply conflicted, corrupt, biased, and incompetent Acting Justice Juan Merchan has completely disrespected the United States Supreme Court, and its Historic Decision on Immunity. But even without Immunity, this illegitimate case is nothing but a Rigged Hoax. Merchan, who is a radical partisan, wrote an opinion that is knowingly unlawful, goes against our Constitution, and, if allowed to stand, would be the end of the Presidency as we know it. Merchan has so little respect for the Constitution that he is keeping in place an illegal gag order on me, your President and President-Elect, just so I cannot expose his and his family’s disqualifying and illegal conflicts.”
He added, “I am the only Political Opponent in American History not allowed to defend myself – A despicable First Amendment Violation! Merchan took the Manhattan D.A.’s Witch Hunt, that, according to all Legal Scholars, including Jonathan Turley, Elie Honig, Andy McCarthy, Alan Dershowitz, Gregg Jarrett, David Rivkin, Elizabeth Price Foley, Katie and Andy Cherkasky, Paul Ingrassia, and many others, is a nonexistent case, barred by the Statute of Limitations, and should have never been brought and, through his fraud and misconduct, gave it a semblance of “life.” While Deranged Jack Smith was sent packing back to The Hague after losing all of his politically manufactured cases against me, Merchan, who is far worse and even more corrupt than Smith in his fight for my hopeless political opponents, just cannot let go of this charade. Is it because of his conflicts and relations that he keeps breaking the Law? This has to stop! It is time to end the Lawfare once and for all, so we can come together as one Nation and, Make America Great Again.”
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