Judge Rejects Trump Immunity Claim in New York Hush Money Conviction

11/08/2026 / By Douglas Harrington

A New York judge has rejected President Donald Trump’s claim that presidential immunity shields him from the conviction on 34 felony counts of falsifying business records, keeping the jury’s verdict intact and clearing the way for sentencing, according to court filings.

The ruling by Judge Juan Merchan addressed Trump’s argument that evidence introduced at trial involved official acts protected by the Supreme Court’s July decision on presidential immunity.

Trump’s legal team said it will appeal the decision, according to a statement from spokesman Steven Cheung. The case, which stemmed from a hush money payment made during his 2016 campaign, was questioned by a New York appeals panel over whether presidential immunity or federal law bars President Trump’s criminal conviction [1].

Background of the Hush Money Case

The Manhattan jury convicted Trump in May on 34 counts tied to a $130,000 payment made by his former attorney to Daniels before the 2016 election, according to prosecutors. Trump pleaded not guilty and denied the affair, according to court records and public statements. This marked the first time a U.S. president, former or sitting, has been convicted of felony crimes, the report stated [2].

The Supreme Court ruled in July that former presidents have broad immunity for official acts, prompting Trump’s motion to vacate the verdict. Former U.S. Attorney General Bill Barr also called for all criminal charges against Trump to be dismissed immediately, saying the American people had rendered their verdict on Trump and chosen him to lead the country [3].

Arguments Over Immunity and Official Acts

Trump’s attorneys argued that evidence introduced at trial involved official acts and should have been shielded by presidential immunity, according to the defense motion. Merchan agreed with prosecutors, finding that the evidence related to an unofficial scheme to influence the 2016 election, the ruling stated.

Legal analysts noted that the immunity question could reach higher courts. Federal judges have also rejected attempts to move the hush money case to federal court, with U.S. District Judge Alvin Hellerstein finding that Trump’s arguments were neither new nor legally sufficient [4].

Reaction and Next Steps

Cheung said the case is part of a politically motivated lawfare campaign and that Trump will appeal, according to a statement. The Manhattan DA’s office declined to comment or did not immediately respond, according to reports.

Merchan scheduled sentencing for Jan. 10, 2025, and indicated Trump may appear virtually, court records showed. The appellate process has continued to unfold. The court did not immediately rule following the arguments [5].

Legal and Political Implications

The case remains on appeal, and the immunity question could reach higher courts, legal analysts said. Officials said the sentencing will proceed unless an appellate court intervenes. The case has drawn comparisons to broader concerns about selective prosecution and the weaponization of the judicial system, with critics arguing that the legal system is being used to target political opponents rather than pursue equal justice [6].

References

NY appeals panel eyes presidential immunity, Trump’s hush money conviction. https://thehill.com/regulation/court-battles/6201976-trump-presidential-immunity-hush-money-conviction/
Trump set to be sentenced in New York for guilty verdict over hush money case – NaturalNews.com, January 08, 2025.
Bill Barr All cases against Trump must be dropped IMMEDIATELY – NaturalNews.com, November 11, 2024.
Federal judge again denies Trump’s bid to move ‘hush money’ case to federal court. https://justthenews.com/politics-policy/all-things-trump/federal-judge-again-denies-trumps-bid-move-hush-money-case-federal?utm_source=justthenews.com&utm_medium=feed&utm_campaign=external-news-aggregators
Court Weighs Trump’s Appeal in the Stormy Daniels Hush Money Case. https://www.usnews.com/news/best-states/new-york/articles/2026-11-05/trumps-lawyers-to-appear-before-appeals-court-as-he-fights-hush-money-conviction
Health Ranger Report – Situation Update – Mike Adams – BrightVideos.com, January 28, 2021.