A judge on Monday denied a motion to dismiss a New York case against Donald Trump, who was convicted on 34 charges. Justice Juan Marchon rejected Trump’s lawyers’ motion to dismiss based on a broad ruling by the U.S. Supreme Court.
The US Supreme Court ruled that Trump’s conviction in the business records case should not be overturned because of a July 1 ruling. The ruling said Trump’s request was partially denied because his lawyers did not object to certain elements of the case related to the president’s immunity during the hearing.
Trump can appeal the decision of the judge or ask a federal court to block any sentence imposed. The judge will have to decide separately whether to sentence Trump before or after he takes office. Trump’s sentencing hearing in Manhattan was scheduled for last month, but the hearing has been postponed indefinitely due to other pending motions related to his upcoming second term.
Trump’s sentencing hearing was set for November 26 after he pleaded guilty in a New York court to filing false business records. Trump was convicted in a case related to payments he made to porn star Stormy Daniels to silence her.
Trump was accused of participating in an illegal conspiracy to undermine the integrity of the 2016 election and participating in an illegal scheme to suppress negative information, including a hush money payment to adult film star Stormy Daniels. Trump is accused of paying Daniels through his lawyer Michael Cohen and listing the money as legal expenses in business records when filing taxes. Trump faces 34 counts of falsifying business records in connection with the hush money payment to the porn star.
Trump’s company and the Trump Organization were accused of paying Cohen money to pay porn star Stormy Daniels, and of giving Cohen bonuses and additional payments in return. Prosecutors alleged that those transactions were incorrectly recorded in the company’s records as legal expenses.