‘Once a felon, always a m—–f—–felon’: Donald Trump is denied immunity after all

A New York judge’s ruling reaffirms that no one, not even Donald Trump, is above the law.

Judge Juan Merchan ruled not vacate Donald Trump’s conviction in his hush money case involving Stormy Daniels. Trump is unable to claim presidential immunity, and he will remain the first convicted felon ever to be elected to the nation’s highest office. History will remember him as such. As one X user puts it:

Trump was found guilty on 34 counts of falsifying business records in order to cover up a $130,000 payment to adult film star Stormy Daniels made to aid his chance of victory in the 2016 election.

Merchan’s ruling referenced a recent Supreme Court decision that gives presidents an unprecedented amount of immunity while acting in an official capacity. The line between the official duties versus the personal choices of a president is unclear, and subject to furious legal debate – as was the case in Trump’s hush money trial. According to the prosecution, the Supreme Court’s ruling had “no bearing” on their decision to level charges against Trump, as the felonious hush money payments occurred before he became president.

While some users on the internet were quick to rejoice at the ruling, it should be noted that Judge Merchan has only rejected one of the multiple avenues Trump’s defense team is taking to vacate their client’s conviction. Merchan’s 41 page decision rejected the idea that the Supreme Court’s ruling on presidential immunity served as grounds to throw out Trump’s conviction, but Merchan did not rule on whether or not Trump’s current status as president-elect means that his conviction should be overturned.

Merchan ruled that the evidence put forth by the prosecution – which was challenged by Trump’s lawyers – was related “entirely to unofficial conduct” therefore was not subject to the immunity protections stipulated by the Supreme Court’s ruling. Trump spokesperson Steven Cheung railed against Judge Merchan’s ruling, calling it “a direct violation of the Supreme Court’s decision on immunity.”

While Trump and his defense team may have lost this legal battle, the war is far from over. Trump will be able to appeal the decision, and even if he loses in New York’s appellate courts, he will be able to take the matter to the Supreme Court itself. The Supreme Court justices, some of whom were handpicked by Trump himself, may issue a ruling more favorable to the president-elect.

The Supreme Court isn’t the only avenue Trump could take to clemency. He and his defense team have also cited a Justice Department policy that stipulates “the indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions,” in laymen’s terms, Trump’s legal team is attempting to argue that if Trump’s conviction is allowed to stand, it will interfere with his duties as president.

When it comes to Trump’s other legal battles, he is winning. The Department of Justice recently announced its intention to wrap up the other cases against Trump that stemmed from his efforts to overturn the 2020 presidential election results and his alleged hoarding of sensitive documents at Mar a Lago respectively.

The prosecution has argued that the jury’s decision to convict Donald Trump in the hush money case must stand, and that any attempt to vacate the conviction would be an “extreme remedy” that would erode public trust in United States’ justice system. Instead, the prosecution has offered to freeze the case for four years that Trump is in office. Prison may still be in Trump’s future.