Judge Juan Merchan decided on Monday that Trump’s hush money conviction should not be dismissed because of the Supreme Court’s presidential immunity decision, ruling that the evidence — namely testimony from Trump staffers who worked with him at the White House — was not related to Trump’s official actions as president.
Merchan also struck down Trump claims that his tweets were “official acts” and therefore protected by immunity.
Merchan did not rule on a separate motion to dismiss from Trump’s lawyers because he has been re-elected president, instead a 41-page ruling was based solely on the question of immunity.
Merchan ruled that the evidence—namely testimony from Trump staffers who worked with him at the White House—was not covered by the immunity ruling, with the judge writing the testimony only concerned “unofficial conduct, and thus received no immunity protections.”
Trump can now appeal the ruling, which could land in the hands of the Extreme Supreme Court for a second time.