Communiqué
Trump’s Motions Put Judge Merchan in the Hot Seat
< < Back toNew York Judge Juan Merchan is set to rule on pivotal motions from Donald Trump’s legal team, aiming to overturn 34 felony convictions in the hush money and campaign finance cases.
Trump’s attorneys argue that improper evidence was used to secure the guilty verdicts, citing the recent U.S. Supreme Court decision on presidential immunity.
They claim that testimony involving “official acts” from Trump’s presidency tainted the trial and are pushing for both the convictions and original indictments to be dismissed.
Judge Merchan’s decisions are important because they will be the first lower court judicial interpretations of the Supreme Court’s controversial decision.
Even though Trump’s criminal activities were clearly not “official acts” of the presidency and, therefore, not immune. Trump’s attorneys claim that improper evidence of “official acts” was used to obtain the verdicts.
The use of evidence of “official acts” cannot be used to buttress alleged violations of “unofficial acts,” according to the Supreme Court.
Trump’s attorneys claim that testimony from witnesses like former presidential advisor Hope Hicks and others so tainted the trial that the verdicts cannot stand.
Judge Merchan is expected to render his decisions by September 16 and Trump currently is scheduled to be sentenced on September 18.
Trump’s attorneys, however, have asked for a delay in sentencing to possibly appeal Judge Merchan’s immunity decision.
In this episode, retired judges Gayle Williams-Byers and Tom Hodson analyze the challenges Judge Merchan faces and explain the legal complexities in straightforward terms.