A New York judge, Juan Merchan, has upheld President-elect Donald Trump’s hush money conviction, rejecting arguments that the case should be dismissed following a landmark Supreme Court ruling on presidential immunity.
Trump’s legal team had argued that the conviction in New York v. Trump should be overturned based on the U.S. Supreme Court’s July 2024 decision, which grants presidents broad immunity from criminal prosecution for “official actions” taken while in office. However, Judge Merchan ruled that the 34 felony counts of falsifying business records stemmed from unofficial conduct and therefore fell outside the scope of presidential immunity.
In his 41-page ruling, Merchan wrote that “the evidence shown at trial pertained entirely to unofficial conduct.” He emphasized that the Supreme Court’s decision had made it clear that not all actions taken by a president are considered official, even if they occur while in office or from the Oval Office.
The ruling preserves Trump’s historic conviction, which, if upheld, would make him the first felon to serve as President of the United States.
In May 2024, a New York jury found Trump guilty of falsifying business records. The conviction arose from efforts to conceal reimbursements made to his former lawyer, Michael Cohen. Cohen, in 2016, paid an adult film star to remain silent about an alleged sexual encounter with Trump. Trump has consistently denied any wrongdoing.
Reacting to the ruling, Trump’s spokesman, Steven Cheung, criticized the decision, calling it unconstitutional and a violation of the Supreme Court’s immunity ruling. “This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed,” Cheung said in a statement to U.S. media.
Judge Merchan’s decision pushes back against Trump’s argument that evidence presented in the case involved his official duties as president. The court affirmed that Trump’s actions, specifically his role in the hush money payments and falsification of business records occurred outside his official role.
