New York Judge Merchan to decide whether to dismiss Trump guilty verdict in Bragg case after election win
Former President Donald Trump is awaiting a decision from New York Judge Juan Merchan on whether his guilty verdict in Manhattan District Attorney Alvin Bragg’s case will be upheld or dismissed. Trump was found guilty of all 34 counts of falsifying business records in the first degree after a six-week-long trial in New York. Merchan is expected to issue his decision on Tuesday, which could result in a new trial or the dismissal of the indictment and charges altogether.
Trump’s attorneys have requested that Merchan overturn the guilty verdict, citing the United States Supreme Court’s decision that former presidents have substantial immunity from prosecution for official acts in office. They argued that certain evidence presented by Bragg and New York prosecutors during the trial should not have been admitted, as they were considered “official acts.”
Specifically, Trump’s legal team pointed to testimony from key figures such as former White House Communications Director Hope Hicks and former Special Assistant to the President Madeleine Westerhout. They also cited testimony regarding The Special Counsel’s Office and Congressional Investigations, as well as Trump’s response to FEC inquiries and his presidential Twitter posts.
The defense further argued that Bragg violated the Presidential immunity doctrine by using official-acts evidence in the grand jury proceedings, which led to politically motivated charges against Trump. They contended that the charges must be dismissed due to this violation.
The Supreme Court’s decision on presidential immunity, stemming from a separate federal case brought by special counsel Jack Smith, does not allow for exceptions such as “overwhelming evidence” or “harmless error.” Trump had pleaded not guilty to charges related to events on Jan. 6, 2021, and any alleged efforts to overturn the results of the 2020 election in that case.
As Trump awaits Merchan’s decision, the sentencing scheduled for Nov. 26 has been delayed multiple times, with the judge aiming to avoid any appearance of influencing the 2024 presidential election. The outcome of this case will have significant implications for Trump’s legal standing and future political aspirations.
