Judge refuses to dismiss Trump’s hush money conviction

A New York judge on Monday refused to dismiss newly-elected President Donald Trump’s conviction in his hush money trial.

Trump’s lawyers formally asked the court to dismiss the case earlier this month, following the Supreme Court’s landmark ruling that found presidents are entitled to broad immunity from prosecution for official acts committed while in office. The president-elect’s lawyers said the Supreme Court’s decision meant the evidence used in the hush money trial was invalid because it arose from Trump’s time in office.

But in a 41-page decision Released Monday, Judge Juan Merchan said the case largely revolved around Trump’s actions before he began his first term. Even if evidence contrary to the Supreme Court’s findings was “erroneously admitted, such error was harmless,” Merchan wrote. The judge added that prosecutors presented “overwhelming evidence of guilt” during the trial.

“The People’s use of these acts as evidence of decidedly personal acts of falsifying corporate documents does not threaten to infringe upon the authority and function of the executive branch,” Merchan said.

A Trump spokesperson later rejected the ruling Monday, saying it violated the immunity decision.

“This lawless case should never have been brought, and the Constitution demands that it be dismissed immediately,” said Steven Cheung told The New York Times.

Trump still has several options to dismiss the charges and will almost certainly appeal Merchan’s ruling to a higher court. The case could make its way to the Supreme Court, which has a strong 6-3 conservative majority and has previously ruled in favor of the president-elect.

His lawyers have also argued that the hush-money prosecution will proceed hinder a smooth transition to a new administration, citing the Presidential Transition Act of 1963. The law was designed to “promote the orderly transition of executive power in connection with the expiration of a President’s term and the inauguration of a new President.”

Prosecutors in Manhattan have strongly advocated for the conviction to stand suggested they freeze the case for the duration of Trump’s next term. They have also proposed other ideas, such as closing the case with the conviction intact while acknowledging that Trump was never convicted because of his immunity protections.

Merchan’s decision will uphold Trump’s felony conviction as he prepares for his inauguration, which could make him the first convicted felon to serve as U.S. president if his remaining appeals are unsuccessful.

A jury in May found Trump guilty of 34 counts of falsifying company records to cover up allegations of an affair with porn actor Stormy Daniels in the final days of the 2016 presidential election.

Despite the conviction, Trump has called himself an “innocent man” subject to political persecution.