A New York judge has ruled that the Supreme Court’s decision on presidential immunity doesn’t apply to Donald Trump’s criminal hush money case. The decision deals a big blow to Trump, who was hoping to get his conviction thrown out.
Trump’s legal team had argued that some of the evidence used against him during the trial in May involved his actions as president. They said this should be protected by the Supreme Court’s July ruling, which says presidents have immunity for “official acts” while in office. But Judge Juan Merchan made it clear on Monday: the evidence in this case had nothing to do with Trump’s official duties as president.
The case centers around a hush money payment made to adult film actress Stormy Daniels just before the 2016 presidential election. Prosecutors say the payment was part of an effort to hide the story from voters, and Trump falsified business records to cover it up. In May, a jury found him guilty on 34 felony counts of falsifying records. The judge hasn’t yet decided on Trump’s sentence.
In his ruling, Judge Merchan said there was “overwhelming evidence of guilt” that led the jury to convict Trump.
Trump’s Team Brings Up Official Acts
Trump’s lawyers tried to argue that some key evidence—like the testimony of former White House Communications Director Hope Hicks and Trump’s tweets—were examples of official presidential acts. Hicks had testified about conversations with Trump in 2018, when news of the hush money payment became public. Trump’s tweets, prosecutors argued, were part of a campaign to pressure his former attorney Michael Cohen into staying silent.
But Judge Merchan wasn’t buying it. He explained that just because something involved White House staff or mentioned the Justice Department, it doesn’t automatically make it an official act. For example, he wrote that if falsifying business records to cover up the payment wasn’t an official act, then communications trying to support that cover-up weren’t official either.
Trump’s New Argument: Presidential Status
Interestingly, Trump has made another argument—that he’s now “president-elect” and should be granted immunity. Judge Merchan hasn’t ruled on this point yet.
Meanwhile, the Manhattan District Attorney’s Office suggested that the judge sentence Trump after his second term in office (if he wins the election). Trump’s lawyers were quick to slam this idea, calling it “thuggish tactics.”
Allegations of Juror Misconduct
There’s another twist: Trump’s lawyers have raised claims of juror misconduct, saying that the jury’s verdict might not have been fair. However, these claims are currently unsworn, meaning Trump’s team hasn’t provided official testimony to back them up. Judge Merchan has allowed Trump’s lawyers to file a version of their claims with sensitive details redacted to protect jurors’ safety.
In his letter, Judge Merchan said juror misconduct is a serious matter that should be thoroughly investigated—but only with real evidence, not “hearsay and conjecture.” He added that Trump’s team will need to file a formal motion with sworn testimony if they want these claims to move forward.
For now, the hush money case continues, and Trump’s legal battles show no sign of slowing down.
