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New York judge says Trump is not immune from hush money conviction
Former U.S. President Donald Trump departs the courtroom after being found guilty on all 34 counts in his hush money trial at Manhattan Criminal Court on May 30, 2024 in New York City.
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A New York judge ruled that former President Donald Trump cannot claim presidential immunity to overturn his felony conviction.
The decision 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 falsifyi 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.
Following his conviction in May, the Supreme Court ruled in a separate case that presidents have immunity for official acts they take in office.
“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 to wind down 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 — the second time 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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Map: 4.9-Magnitude Earthquake Shakes Louisiana
Note: Map shows the area with a shake intensity of 4 or greater, which U.S.G.S. defines as “light,” though the earthquake may be felt outside the areas shown. The New York Times
A light, 4.9-magnitude earthquake struck in Louisiana on Thursday, according to the United States Geological Survey.
The temblor happened at 5:30 a.m. Central time about 6 miles west of Edgefield, La., data from the agency shows.
U.S.G.S. data earlier reported that the magnitude was 4.4.
As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.
Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Central time. Shake data is as of Thursday, March 5 at 8:40 a.m. Eastern. Aftershocks data is as of Thursday, March 5 at 10:46 a.m. Eastern.
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Donald Trump has no ‘phase two’ plan for Iran war, says US senator
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Man accused of plot to assassinate Trump testifies Iran pressured him, says Biden and Haley were other possible targets
The allegation sounded like the stuff of spy movies: A Pakistani businessman trying to hire hit men, even handing them $5,000 in cash, to kill a U.S. politician on behalf of Iran ‘s powerful paramilitary Revolutionary Guard.
It was true, and potential targets of the 2024 scheme included now-President Donald Trump, then-President Joe Biden and former presidential candidate and ex-U.N. Ambassador Nikki Haley, the man told jurors at his attempted terrorism trial in New York on Wednesday. But he insisted his actions were driven by fear for loved ones in Iran, and he figured he’d be apprehended before anything came of the scheme.
“My family was under threat, and I had to do this,” the defendant, Asif Merchant, testified through an Urdu interpreter. “I was not wanting to do this so willingly.”
Merchant said he had anticipated getting arrested before anyone was killed, intended to cooperate with the U.S. government and had hoped that would help him get a green card.
U.S. authorities were, indeed, on to him – the supposed hit men he paid were actually undercover FBI agents – and he was arrested on July 12, 2024, a day before an unrelated attempt on Trump’s life in Butler, Pennsylvania. During a search, investigators said they found a handwritten note that contained the codewords for the various aspects of the plot, CBS News previously reported.
Merchant did sit for voluntary FBI interviews, but he ultimately ended up with a trial, not a cooperation deal.
“You traveled to the United States for the purpose of hiring Mafia members to kill a politician, correct?” Assistant U.S. Attorney Nina Gupta asked during her turn questioning Merchant Wednesday in a Brooklyn federal court.
“That’s right,” Merchant replied, his demeanor as matter-of-fact as his testimony was unusual.
The trial is unfolding amid the less than week-old Iran war, which killed Iranian Supreme Leader Ayatollah Ali Khamenei in a strike that Trump summed up as “I got him before he got me.” Jurors are instructed to ignore news pertaining to the case.
The Iranian government has denied plotting to kill Trump or other U.S. officials.
Merchant, 47, had a roughly 20-year banking career in Pakistan before getting involved in an array of businesses: clothing, car sales, banana exports, insulation imports. He openly has two families, one in Pakistan and the other in Iran – where, he said, he was introduced around the end of 2022 to a Revolutionary Guard intelligence operative. They initially spoke about getting involved in a hawala, an informal money transfer system, Merchant said.
Merchant testified that his periodic visits to the U.S. for his garment business piqued the interest of his Revolutionary Guard contact, who trained him on countersurveillance techniques.
The U.S. deems the Revolutionary Guard a “foreign terrorist organization.” Formally called the Islamic Revolutionary Guard Corps, the force has been prominent in Iran under Khamenei.
Merchant said the handler told him to seek U.S. residents interested in working for Iran. Then came another assignment: Look for a criminal to arrange protests, steal things, do some money laundering, “and maybe have somebody murdered,” Merchant recalled.
“He did not tell me exactly who it is, but he told me – he named three people: Donald Trump, Joe Biden and Nikki Haley,” he added.
In 2024, multiple sources familiar with the investigation told CBS News Merchant planned to assassinate current and former government officials across the political spectrum.
Merchant allegedly sketched out the plot on a napkin inside his New York hotel room, prosecutors said, and told the individual “that there would be ‘security all around’ the person” they were planning to kill.
“No other option”
After U.S. immigration agents pulled Merchant aside at the Houston airport in April 2024, searched his possessions and asked about his travels to Iran, he concluded that he was under surveillance. But still he researched Trump rally locations, sketched out a plot for a shooting at a political rally, lined up the supposed hit men and scrambled together $5,000 from a cousin to pay them a “token of appreciation.”
He even reported back to his Revolutionary Guard contact, sending observations – fake, Merchant said – tucked into a book that he shipped to Iran through a series of intermediaries.
Merchant said he “had no other option” than to play along because the handler had indicated that he knew who Merchant’s Iranian relatives were and where they lived.
In a court filing this week, prosecutors noted that Merchant didn’t seek out law enforcement to help with his purported predicament before he was arrested. He testified that he couldn’t turn to authorities because his handler had people watching him.
Prosecutors also said that in his FBI interviews, Merchant “neglected to mention any facts that could have supported” an argument that he acted under duress.
Merchant told jurors Wednesday that he didn’t think agents would believe his story, because their questions suggested “they think that I’m some type of super-spy.”
“And are you a super-spy?” defense lawyer Avraham Moskowitz asked.
“No,” Merchant said. “Absolutely not.”
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