Topline
Judge Juan Merchan denied Trump’s motion to delay the criminal hush money case against him in New York until the Supreme Court rules on the issue of presidential immunity—an argument he has attempted in all of his criminal trials.
Key Facts
In a filing Wednesday, Merchan denied the motion as untimely, writing in his decision that “the defendant has myriad opportunities to raise the claim of presidential immunity well before March 7, 2024,” when Trump filed the motion—and about two weeks before his trial was set to begin before being moved back.
As Merchan decided the request was untimely, he said he would not consider whether presidential immunity would preclude “the introduction of evidence of purported official presidential acts.”
Merchan’s Wednesday ruling clears the way for Trump’s criminal trial to begin on April 15 as scheduled.
Key Background
Manhattan prosecutors charged Trump with falsifying business records, alleging he misidentified a series of 2017 payments to his then-attorney Michael Cohen as money for legal services, when in reality he was repaying Cohen for hush money he gave to adult film actress Stormy Daniels on the eve of the 2016 election to keep her silent about an affair she says she had with Trump. Trump has argued he’s shielded by presidential immunity in all four of his criminal cases so far—a legally untested concept that prosecutors have pushed back on. In the hush money case, Trump claimed this immunity would prevent some evidence from being used at trial, as he likely tries to prevent prosecutors from introducing statements he made in 2018 that showed his alleged “pressure campaign” on Cohen, who made the hush money payments. The Justice Department has in the past maintained the president can’t be criminally indicted while in office, but Trump’s legal team has argued presidential duties while in office are also protected from future prosecution—which is what the Supreme Court could weigh in on later this month.
What To Watch For
The Supreme Court’s ruling on presidential immunity. The court is scheduled to hear oral arguments on April 25, and will issue a decision before its term wraps up in late June. Trump asked the Supreme Court to consider the question of presidential immunity in his federal indictment for trying to reverse his 2020 election loss, after federal district and appeals court judges ruled Trump is now a citizen and any “executive immunity” he had as president “no longer protects him against this prosecution.”
Tangent
Wednesday’s filing wasn’t Merchan’s first against Trump this week. On Monday, the judge expanded his gag order against the former president, prohibiting Trump from publicly commenting on family members of the court. The move came after Trump repeatedly ranted on Truth Social about Merchan and his daughter.
