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A New York judge ruled that former President Donald Trump cannot claim presidential immunity to overturn his felony conviction.

 from Judge Juan Merchan marks a temporary setback for the president-elect, who is set to return to the White House in January

and has recently secured a few wins including the indefinite delay of his sentencing in the case.

A New York jury earlier this year found Trump guilty of 34 counts of falsify business records to conceal a $130,000 hush money payment to adult-film star Stormy Daniels, in order to influence the 2016 presidential contest.

Merchan, who presided over the trial earlier this year, still has to decide whether the trial should be dismissed due to Trump's upcoming inauguration, as Trump's lawyers have requested.

A Trump spokesperson criticized Merchan's ruling, saying it violated the U.S. Supreme Court's decision on presidential immunity.

"This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed, as President Trump must be allowed to continue the Presidential Transition process, and execute the vital duties of the presidency, unobstructed by the remains of this, or any other, Witch Hunt," said spokesman Steven Cheung in a statement.

Trump's legal team had argued that various testimony in the hush-money case – such as that of former White House employees – and evidence – like statements made while Trump was president – violate the Supreme Court ruling that excludes official acts from prosecution.

But Merchan said the criminal charges stemmed from Trump's "private acts" prior to him becoming president. And he argued Trump's communications about the payments while he was in the White House did not touch on any official acts.

The decision that Trump does not have immunity in this New York state case comes after the U.S. Department of Justice signaled it would take steps 

 two federal prosecutions against Donald Trump, focused on his alleged efforts to cling to power after the 2020 election and accusations he hoarded classified documents at his Mar-a-Lago resort. The DOJ has a longstanding policy against prosecuting a sitting president.

Trump became the first former or sitting U.S. president to be tried on criminal charges and convicted. Trump's legal team received several wins this summer and fall when Merchan postponed Trump's sentencing twice — 

 purposefully until after Election Day to avoid appearing politically motivated. Trump may be the first president to enter the White House as a convicted felon should his efforts to dismiss the case fail.

But prosecutors in the case argued that since Trump's lawyers are seeking dismissal only due to the election results, invalidating the jury's verdict could harm public confidence in the justice system. Still, they proposed staying proceedings until after Trump finishes his presidential term.

Merchan has yet to rule on the motion to dismiss.

Trump's lawyers are likely to appeal Merchan's Monday ruling, and have also sought to dismiss the case on other grounds.

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Ximena Bustillo

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A spokesperson for President-elect Trump said the case should never have been brought, called for its immediate dismissal. 

New York judge says Trump is not immune from hush money conviction

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