Judge Merchan made clear that Trump’s presidential immunity claims were made too late to get evidence thrown out of his criminal trial in Manhattan.
Merchan wrote in his ruling:
The arguments are essentially similar to what Flow presents – five months later. See the defendant’s note on pages. 3, 20, 22. The accused’s awareness of the availability of the defense is further demonstrated by the arguments he made in the present proceedings. For example, when he attempted to remove this case to federal court, the defendant argued that he “is immune from prosecution for actions taken as a result of his role as president.” People u. ‘l ntmp,23cv03773 (AKH) in ECF n. 34 on page. 2l. Nonetheless, the defendant strategically waited until March 7, 2024 to raise his defense.
Moving then to the Defendant’s knowledge of the People’s intention to present their evidence
alleged “pressure campaign” against some witnesses. This Court finds that the defendant indeed was
^was aware and had notice of the intentions of the People, before presenting this motion, and did not do so
demonstrate good cause for late filing. He also failed to persuade this Court to do so
consider the motion in the interests of justice. People u. Roberts, T6 Misc3d 448[SupCtNewYorkCounty[SupCtNYCounty[SupCtconteadiNewYork[SupCtNYCounty
20221. The People note in their opposition that the alleged “pressure campaign” was expressly
mentioned and discussed in the statement of facts accompanying the indictment in this matter,
as well as in the grand jury minutes, all provided to the defendant on or about April and
May 2023.. Popular opposition on page. 3.Â
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…
This Court finds that respondent had multiple opportunities to raise the presidential request
immunity well before March 7, 2024. Defendant could have done so in his omnibus motions on
September 29, 2023, which were filed just six days before he briefed the same matter in his federal meeting
Insurrection Matter and filed his dismissal motion in federal court several months later.
Trump is likely trying to obtain evidence regarding his payments to Michael Cohen that he made as president to reimburse him for hush money payments to Stormy Daniels.
This means there will be no more last minute delays or attempts to exclude evidence. In less than two weeks Donald Trump will become a criminal, as former President Trump is about to become a Trump criminal defendant.
To really get his attention, the court needs to revoke his bail.
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Jason is the managing editor. He is also a member of the White House press pool and a congressional correspondent for PoliticusUSA. Jason has a bachelor’s degree in political science. His graduate work focused on public policy, with a specialization in social reform movements.
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