It has been noted that the judge overseeing former President Donald Trump’s falsifying business records case shot down his bid to use presidential immunity as part of his defense, finding the former president waited too long to raise the issue via NBC News.
In his ruling, Wednesday, Judge Juan Merchan also denied Trump’s motion to delay the trial’s start date until the U.S. Supreme Court rules on his immunity claims in the federal election interference case in Washington, D.C.
It is noted that Trump had contended in a New York filing last month that he’s immune from state prosecution based on “official acts,” and that some of the evidence against him should be kept out of the impending trial because they were official presidential acts — including his tweets and public comments.
Merchan rejected the request, saying Trump had waited too long to raise the argument. “This Court finds that Defendant had myriad opportunities to raise the claim of presidential immunity well before March 7, 2024” but failed to do so, the judge wrote.
Trump’s lawyers are attempting to prevent certain evidence from being used in the case. The evidence in question concerns statements made by Trump while he was in office regarding two important prosecution witnesses, namely Michael Cohen, his former attorney, and Stormy Daniels, an adult film star. On Wednesday, Merchan stated that Trump was aware for several months that evidence of his alleged pressure campaign against the pair would be used by prosecutors.
“The Defendant had ample notice that the People were in possession of, and intended to use, the various statements allegedly made by Defendant on social media, in public, and in various interviews. He was also well aware that the defense of presidential immunity, even if unsuccessful, might be available to him,” the judge wrote.
Trump has pleaded not guilty to charges that he had falsified business records related to money he paid to Cohen to reimburse him for a $130,000 hush money payment the lawyer made to Daniels in the closing days of the 2016 presidential campaign. Daniels claims she had a sexual encounter with Trump in 2006, an allegation Trump denies.
