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A New York judge ruled against a bid by President Donald Trump to throw out his New York conviction based on presidential immunity.
The Monday ruling from Judge Juan Merchan determined that presidential immunity was not related to the issues in the case.
“Defendant’s motion to dismiss the indictment and vacate the jury verdict… is denied,” Merchan wrote.
Monday’s decision opens the possibility that Trump could become the first U.S. president to enter office with a felony conviction, though this would depend on the outcome of his appeal against the jury’s verdict.
Trump has attempted to have the case transferred to federal court, which would grant him the ability to dismiss the charges if he returns to the presidency. He has also raised several legal challenges to the conviction, including claims of juror misconduct.
The charges stem from Trump’s payment to a pornographic actress in exchange for her silence regarding an alleged affair, which he then tried to conceal to influence the 2016 election.
In the only criminal trial against Trump that has reached the courtroom, the judge postponed his sentencing indefinitely on Nov. 22 following his victory in the Nov. 5 presidential election.
Trump’s defense team pointed to a key Supreme Court ruling from July that grants presidents broad immunity for actions taken while in office, using it as a basis for requesting the conviction be dismissed.
Prosecutors contended that Trump’s effort to have the case thrown out went far beyond what was necessary to protect the integrity of the presidency, but they acknowledged that special accommodations might be required to ensure the case doesn’t interfere with Trump’s potential second term.
As RSBN previously reported, the Manhattan judge who oversaw the hush money trial that resulted in Trump being convicted considered tossing the felony convictions after the president’s victory in November.
Newsmax reported that Manhattan Supreme Court Justice Juan Merchan gave himself a deadline of Nov. 12 to decide whether to set aside the convictions or let them stand. In May, Trump was convicted for supposedly falsifying business records back in 2016.