Judge Merchan Denies Trump’s Request To Dismiss Bragg Charges On Immunity Grounds
Judge Juan Merchan rejected President-elect Donald Trump’s request to dismiss charges brought by Manhattan District Attorney Alvin Bragg, arguing presidential immunity does not protect Trump’s alleged actions in this case.
Speaking on Monday, Merchan ruled that the trial evidence pertained entirely to Trump’s “unofficial conduct” and therefore does not qualify for immunity. The judge further stated that even if certain acts fell within the outer limits of Trump’s presidential authority, their use as evidence for falsifying business records would not infringe on executive powers.
🚨 Judge Merchan denies Trump immunity, calling his conduct 'unofficial.' Overwhelming evidence or overwhelming bias?
I wish this judge didn’t have such a personal vendetta against Trump." 🇺🇸 ⬇️ https://t.co/LHCHnjkLlc
— Tony Lane 🇺🇸 (@TonyLaneNV) December 17, 2024
Trump’s legal team had pointed to the U.S. Supreme Court’s recent decision affirming presidential immunity for official acts, arguing this precedent should overturn the conviction. Todd Blanche, Trump’s attorney, had specifically challenged the inclusion of testimony from former aides Hope Hicks and Madeleine Westerhout, along with evidence linked to Trump’s official duties.
In response to the ruling, Trump spokesman Steven Cheung, incoming White House communications director, criticized Merchan’s decision. “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,” Cheung said, adding that the case “should have never been brought” and disrupts Trump’s presidential transition.
NEW: Juan Merchan denies Trump’s 3rd motion to recuse based on his daughter’s growing and thriving Dem consulting business.
Loren Merchan had banked at least $13 million this year, a haul that coincided with Daddy’s trial of Donald Trump: pic.twitter.com/7kU4FtZGUW
— Julie Kelly 🇺🇸 (@julie_kelly2) August 14, 2024
Trump’s lawyers also highlighted what they described as a political motivation behind the case, which they claim unfairly targets the president-elect for his policies and popularity. They have urged immediate dismissal of charges, arguing the proceedings hinder Trump’s ability to perform his constitutional duties as the incoming president.
HOLY SH*T: In a new filing denying Trump's claims of immunity, Judge Juan Merchan calls Jack Smith's J6 case against Trump in DC the "FEDERAL INSURRECTION MATTER."
Can someone send this clown a copy of the indictment? pic.twitter.com/IZDs9SD4Bs
— Julie Kelly 🇺🇸 (@julie_kelly2) April 3, 2024
The charges against Trump stem from Alvin Bragg’s investigation into alleged falsification of business records related to hush money payments. Trump pleaded not guilty to all 34 felony counts, maintaining the case is part of a broader “lawfare” effort designed to undermine his leadership.
While Merchan denied the dismissal request, a ruling on Trump’s formal motion to dismiss the case entirely is still pending. Trump’s legal team remains firm that Bragg’s prosecution violates longstanding legal precedent and the Justice Department’s position on presidential immunity.
With Bragg previously seeking to delay proceedings until after Trump’s second term, the legal battle over the Manhattan DA’s charges remains far from over. Trump, meanwhile, continues to focus on his transition into office following his victory in the November 2024 election.