The judge overseeing former President Donald Trump’s New York hush money case denied on Wednesday his bid to delay the case based on presidential immunity.
Judge Juan Merchant denied the entirety of Trump’s motion as “untimely,” declining to consider whether presidential immunity “precludes the introduction of evidence of purported official presidential acts in a criminal proceeding.” Trump had asked the judge to delay the trial until the Supreme Court issued a decision on his presidential immunity appeal in a separate case and to limit some evidence relating to “official acts” at trial.
New: Justice Merchan denies Trump’s bid to stave off criminal trial in New York based on presidential immunity. https://t.co/O3aOykFPGE
— Anna Bower (@AnnaBower) April 3, 2024
“This Court finds that Defendant had myriad opportunities to raise the claim of presidential immunity well before March 7, 2024,” Judge Juan Merchant wrote. “Defendant could have done so in his omnibus motions on September 29, 2023, which were filed a mere six days before he briefed the same issue in his Federal Insurrection Matter and several months after he brought his motion for removal to federal court on May 4, 2023.” (RELATED: Judge In Trump Hush Money Case Crossed Line By Expanding Gag Order, Legal Experts Say)
The Supreme Court agreed to hear Trump’s bid to dismiss his federal election interference case in Washington, D.C. based on presidential immunity in February. The Supreme Court will hear oral arguments on April 25.
Merchan expanded his gag order against Trump Monday after Trump criticized his daughter on social media. The order, which Merchan first issued March 26, restricts Trump from making statements about witnesses, prosecutors other than the district attorney, court staff, jurors and family members of the staff, district attorney or judge.
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