In mid-2024, the Supreme Court ruled that a former president can’t be prosecuted for actions they commit as a part of their official duties. In other words, it’s assumed that presidents have some level of immunity for the official acts they commit within the reasonable scope of their authority.
When this decision from the Supreme Court rolled out, many questioned whether this new ruling would apply to the case against Donald Trump. This case alleged that Trump engaged in a conspiracy to overturn the 2020 election results. Indeed, it required a lengthy debate over whether Trump’s actions were committed officially or unofficially.
In an unrelated court case against Trump, prosecutors alleged that the former president falsified business records related to $130,000 in hush money payments that he reportedly provided to Stormy Daniels during the 2016 election. According to court records, this money was provided in exchange for silence speaking out about Trump during the election.
Trump’s legal team reportedly attempted to utilize the recent Supreme Court ruling about one month after it became official to have the hush money case dismissed entirely.
A judge rejected this notion, asserting that the evidence showed personal acts that served no function to the Executive Branch. What’s more, the judge further asserted that even if prosecutors used evidence related to official acts to prove the president’s personal acts of falsifying business records, then that would not cause any threat of intrusion on the authority or function of the Executive Branch. In a nutshell, he shouldn’t get immunity for those actions since they did not pertain to his official duties.
Once the judge made the call to allow the hush money case to go forward, Trump’s communications director, Steven Cheung, called the decision a violation of the Supreme Court’s decision.
Prosecutors agree that the case should be accommodated for since Trump is set to take office on Jan. 20th, but they also don’t believe that the case should be overturned or dismissed.
Are You Currently Fighting Legal Charges?
Getting charged with a crime in New York is a serious ordeal, and it can be difficult to know how to move forward. Typically, your best option is to speak with a criminal defense attorney as soon as possible.
The right lawyer will immediately get to work on identifying what you’re being charged with and why you were arrested. They’ll listen to your side of events and weigh that out against the evidence prosecutors or police believe they have against you.
From there, you and your lawyer can work on developing a solid legal strategy to defend yourself against the legal charges. While you won’t be able to use presidential immunity as a defense, our team here at the Bukh Law Firm will help you determine what strategy is likely to work out best based on your specific circumstances.
If you’re ready to get started, then contact us now to schedule a free case evaluation.
