Judge Merchan made it clear that Trump’s claims of presidential immunity were made too late to get evidence tossed from his Manhattan criminal trial.
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The arguments are substantially similar to arguments he presents flow – five months later. See Defendant’s Memo at pgs. 3, 20, 22. Defendant’s awareness of the availability of the defense is further demonstrated  in arguments he has made in this very proceeding. For example, when he attempted to remove this case to federal court, Defendant argued that he “is immune frock statement prosecution for actions taken as a result oi his role as president.” People u. ‘l ntmp,23cv03773 (AKH) at ECF No. 34 at pg. 2l.Nonetheless, Defendant strategically waited until March 7,2024, to raise the defense.
Turning next to Defendant’s knowledge of the People’s intention to introduce evidence of his
alleged “pressure campaign” against certain witnesses. This Court finds that Defendant was indeed
^aware and had notice of the People’s intent, before he filed this motion, and he has failed to
demonstrate good cause for the late filing. He has also failed to persuade this Court that it should
consider the motion in the interest of justice. People u. Roberts, T6 Misc3d 448 [Sup Ct, NY County
20221. The People note in their opposition, that the alleged “pressure campaign” was expressly
referred to and discussed in the statement of facts which accompanied the Indictment in this matter,
as well as in the grand jury minutes, all of which were provided to Defendant in and around April and
May 2023.. People’s Opposition at pg. 3.Â
…
This Court finds that Defendant had multiple opportunities to raise the claim of presidential
immunity well before March 7, 2024. Defendant could have done so in his omnibus motions on
September 29,2023, which were filed a mere six days before he briefed the same issue in his Federal
Insurrection Matter and several months after he brought his motion for removal to federal court.
Trump is likely trying to get the evidence tossed related to his payments to Michael Cohen that he made as president to reimburse him for the hush money payments to Stormy Daniels.
What this means is that there aren’t going to be any more last minute delays or moves to exclude evidence. In less than two weeks Donald Trump is going on criminal, as ex-president Trump is about to become criminal defendant Trump.
To get really get his attention, the court needs to revoke his bail.
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Jason is the managing editor. He is also a 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.
Awards and Professional Memberships
Member of the Society of Professional Journalists and The American Political Science Association
