NY judge to rule on the fate of Trump’s criminal hush money conviction

A New York judge will decide Tuesday whether to throw out Donald Trump’s conviction in his criminal hush money case based on the Supreme Court’s decision on presidential immunity earlier this year.

The President-elect faces up to four years in prison after he was found guilty on all 34 counts of falsifying business records in order to cover off payments to porn star Stormy Daniels ahead of the 2016 election.

President-elect Donald Trump, with attorneys Todd Blanche and Emil Bove, attends his criminal trial at Manhattan Criminal Court on May 29, 2024. Getty Images

The US Supreme Court ruled 6-3 in July that former president Trump enjoys absolute immunity from prosecution for “official acts” during his presidency.

The nation’s top court left it up to lower courts to sort out what constitutes an “official act” by a sitting president.

Judge Juan Manuel Merchan. Rick Kopstein/Law Journal
President-elect Trump speaks to supporters as former first lady Melania Trump watches at the Palm Beach County Convention Center during an election night watch party on Nov. 6, 2024, in West Palm Beach, Fla. AP

Manhattan Supreme Court Justice Juan Merchan had delayed sentencing by more than four months to come after the election.

If the conviction is upheld, Trump is scheduled to be sentenced on Nov. 26 — less than two months before his inauguration.

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