Judge rejects Trump request to toss Bragg charges in New York on basis of presidential immunity

[mystery-ak]

Judge rejects Trump request to toss Bragg charges in New York on basis of presidential immunity
Judge Merchan has not yet ruled on Trump's motion to dismiss the charges altogether
 By Brooke Singman Fox News
Published December 16, 2024 7:14pm EST

Judge Juan Merchan on Monday rejected Trump attorneys' request to dismiss charges brought against him by Manhattan District Attorney Alvin Bragg on the basis of presidential immunity.

The ruling comes after President-elect Trump and his team in July requested Merchan overturn his guilty verdict in New York v. Trump, citing the U.S. Supreme Court's ruling that presidents have immunity for official acts.

Merchan ruled that the evidence presented in the trial was related "entirely to unofficial conduct and thus, receive no immunity protections."

"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," Merchan writes.

more
https://www.foxnews.com/politics/judge-rejects-trump-request-toss-bragg-charges-new-york-basis-presidential-immunity

[rustynail]

The walls are beginning to close in.

[Wingnut]

Totally unexpected.  /s

[Hoodat]

.  .  .   it would still find that the People’s use of these acts as evidence of the decidedly personal acts of falsifying business records  .  .

Except that no business records were ever proven to have been falsified at any point in the trial.

[Kamaji]

Except that no business records were ever proven to have been falsified at any point in the trial.

yes, they were.

[Hoodat]

yes, they were.

You want to expand on that?

[DB]

You want to expand on that?

If I remember correctly, he claimed on his taxes that the payment to Stormy was a "business expenses". There was no evidence presented that he was directly involved with that decision and that it was his accountants and/or lawyers who made that business expense category claim. Also, being a person whose name is his brand, it could be legitimately claimed to be a business expense because the brand would otherwise be damaged by what was being bought from Stormy.

[Hoodat]

If I remember correctly, he claimed on his taxes .  .  .

Nothing to do with taxes.  Besides, that would be a federal charge, not a state charge.

.  .  .   that the payment to Stormy was a "business expenses".

Trump's sole proprietor business did not make a payment to Stormy Daniels.  It made a payment to a lawyer which is allowable under New York law.

There was no evidence presented that he was directly involved with that decision and that it was his accountants and/or lawyers who made that business expense category claim. Also, being a person whose name is his brand, it could be legitimately claimed to be a business expense because the brand would otherwise be damaged by what was being bought from Stormy.

Correct.