The judge stated that Trump's argument of presidential immunity came too late to have evidence thrown out from his criminal trial in Manhattan.
Merchan stated in the decision:
The arguments are very similar to the ones he presented five months earlier. See Defendant’s Memo at pgs. 3, 20, 22. Defendant’s awareness of the availability of the defense is also shown in arguments he made in this proceeding. For instance, when he tried to move this case to federal court, Defendant argued that he “is immune from prosecution for actions taken as a result of his role as president.” People v. Trump, 23cv03773 (AKH) at ECF No. 34 at pg. 21. Nevertheless, Defendant strategically waited until March 7, 2024, to bring up the defense.
Moving on to Defendant’s knowledge of the People’s intention to present evidence of his alleged “pressure campaign” against certain witnesses. The Court found that Defendant was indeed
aware and had notice of the People’s intent before he filed this motion, and he has failed to
show 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 v. Roberts, 16 Misc3d 448 [Sup Ct, NY County
20221. The People mention in their opposition that the alleged “pressure campaign” was explicitly mentioned and discussed in the statement of facts accompanying the Indictment in this case, as well as in the grand jury minutes, all of which were given to Defendant around April and May 2023. People’s Opposition at pg. 3.
The Court found that Defendant had numerous opportunities to bring up 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 shortly before he addressed the same issue in his Federal Insurrection Matter and several months after filing his motion for removal to federal court.
It is likely that Trump is attempting to have the evidence related to his payments to Michael Cohen, made as president to reimburse him for the hush money payments to Stormy Daniels, excluded.
What this means is that there will not be any more last minute delays or attempts to exclude evidence. In less than two weeks, Donald Trump will face criminal charges, as the former president is about to become a criminal defendant.
To really get his attention,
…
the court needs to revoke his bail.
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.
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.
