Judge Set To Rule On Potential Dismissal Of Trump’s Hush Money Conviction
A critical ruling is expected Tuesday in former President-elect Donald Trump’s New York criminal case, which could result in the dismissal of his conviction, offering him a significant legal victory ahead of his return to office.
Trump was convicted in May on 34 felony counts related to falsifying business records to conceal an alleged affair with a porn star before the 2016 election. He has consistently labeled the case a “witch hunt,” insisting it “should be rightfully terminated.”
The decision rests with Judge Juan Merchan, who will determine if the case should be thrown out, potentially influenced by a recent Supreme Court ruling on presidential immunity. The landmark decision, made by a 6-3 conservative majority, broadly extended immunity to presidents for a range of official actions taken while in office.
Trump’s legal team, citing the Supreme Court’s decision, filed a motion to dismiss the conviction, which state prosecutors have opposed. If Judge Merchan rules in favor of Trump, the scheduled November 26 sentencing will be canceled. However, if the case proceeds, Trump’s lawyers are likely to seek delays, arguing it would interfere with his duties once sworn in on January 20.
An opinion piece in the Kansas City Star argued that holding a president-elect accountable, even if it meant being sworn in from a jail cell, would send a powerful message affirming that “the rule of law still applies in America.”
Bill Barr, Trump’s former attorney general, expressed that cases against Trump, including those in other states, were politically motivated and have already been dismissed in the public sphere. He suggested that further legal battles would serve only to distract the nation and the incoming administration.
Trump, who has repeatedly criticized the New York case, faces additional legal challenges, including two active federal cases: one concerning attempts to overturn the 2020 election and another over mishandled classified documents. However, as president, Trump would have the authority to intervene in these cases, and reports indicate that Special Counsel Jack Smith may be winding down related investigations.
Earlier, a Trump-appointed judge dismissed the classified documents case, though Smith sought an appeal.
Former prosecutor Randall Eliason, writing on Substack, stated, “Trump’s victory means he is unlikely to be held accountable for any of his alleged criminal misconduct,” describing it as “a severe blow to the ideal of the rule of law.”
The New York conviction came just months before Trump’s successful campaign to return to office. The 2024 election cycle saw dramatic moments, including an assassination attempt at a rally in Pennsylvania where Trump narrowly avoided injury. In July, President Joe Biden withdrew from the race following a challenging debate with Trump, clearing the way for Vice President Kamala Harris to become the Democratic nominee, making history as the first woman of color to represent a major U.S. party.
