Judge Shuts Down Trump’s Latest Attempt To Skate On Hush Money Conviction

INSIDE: Donald Trump ... Ann Selzer ... Pete Hegseth
NEW YORK, NEW YORK - MAY 29: Former U.S. President Donald Trump with attorneys Todd Blanche and Emil Bove attends his criminal trial at Manhattan Criminal Court on May 29, 2024 in New York City. Judge Juan Merchan wi... NEW YORK, NEW YORK - MAY 29: Former U.S. President Donald Trump with attorneys Todd Blanche and Emil Bove attends his criminal trial at Manhattan Criminal Court on May 29, 2024 in New York City. Judge Juan Merchan will give the jury their instructions before they begin deliberations today. The former president faces 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. (Photo by Jabin Botsford-Pool/Getty Images) MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

Holding The Line

I want to be clear up front that the “wins,” such as they are, in the coming months are likely to be small, incremental, and not very dramatic. Morning Memo is going to refrain from pumping them up into more than they are. But ignoring them entirely would be a disservice to the folks grinding to preserve the rule of law, fight off MAGA’s destructive impulses, expose Trump corruption, and otherwise hold the line against further erosion.

Which brings us to a long-awaited ruling yesterday in the Trump’s hush money case.

Judge Juan Merchan didn’t just deny Trump’s move to overturn his conviction on the grounds that some of the evidence introduced at trial was in violation of the Supreme Court’s subsequent ruling on presidential immunity. Merchan eviscerated Trump’s arguments and ruled in such a way that makes Trump’s expected appeal quite a bit more difficult.

In his 41-page opinion, the judge foreclosed every manner and form of argument that Trump had made. Merchan ruled that Trump had failed to preserve most of his arguments by not raising them in a timely fashion, but the judge considered those arguments anyway – then rejected all of them as not meeting the Supreme Court’s standard for official conduct. Merchan then went a step further and concluded that even if Trump’s argument satisfied the standard for official conduct, prosecutors had not intruded on the function and authority of the presidency and thus sidestepped the Supreme Court’s immunity protections.

As a final flourish, Merchan concluded that even if he was wrong on all of the above, the introduction of the challenged evidence was a harmless error in light of the “overwhelming evidence” of Trump’s guilt.

It was a belt-and-suspenders-and-garter-and-braces decision by Merchan, shoring up every angle of attack that Trump might launch on appeal.

Will it matter in the end?

Merchan is still considering a separate Trump motion that the case should be dismissed since he won re-election. Sentencing is forestalled for now. It still seems unlikely that this case ever produces any meaningful punishment for Trump. But let the record show Merchan is still holding the line where he can.

MUST READ

TPM’s Hunter Walker and Josh Kovensky, reporting from the New York Young Republicans Club’s annual gala:

Sunday night offered a sneak preview of what life might be like in President-elect Donald Trump’s second term at the annual black tie gala of Manhattan’s most MAGA political club. It’s a world where fringe media outlets are ascendant, a new wave of religious leaders are mixing politics and prayer, the global right-wing is rejoicing, and more established press are being subjected to a new level of restrictions and derision. 

More Reaction To ABC News Settling The Trump Case

  • TPM’s Josh Marshall: “The key here is that it is almost absurd to expect that these big diversified corporations are going to operate in the interests of or run major risks on behalf of their very small news divisions. These are in almost every case liabilities in the context of a Trump administration.”
  • Eric Wemple: “ABC News will never live down this capitulation. Never.”
  • Parker Molloy: “This is how press freedom erodes—not through dramatic crackdowns, but through corporate calculation. When news organizations are owned by massive conglomerates, journalism becomes just another business interest to be traded away when convenient.”

Trump Sues Iowa Pollster Over Outlier Poll

In an absurd legal move, Donald Trump has filed a state lawsuit in Iowa against Gannett, the Des Moines Register and pollster Ann Selzer over a poll they published the weekend before Election Day showing Trump trailing Kamala Harris in the state, according to Fox News Digital. The shock poll showed Harris up 3 points; Trump won the state by 13 points.

The Era Of Grandiose Feelings

Trump on Tim Cook and other CEOs traveling to meet with him: "In the first term, everybody was fighting me. In this term, everybody wants to be my friend."

[image or embed]

— Aaron Rupar (@atrupar.com) December 16, 2024 at 12:21 PM

Quote Of The Day

Brian Beutler:

Democrats have, by contrast, affirmatively decided not to treat anything Trump’s doing as untoward unless and until it pertains to things like health-care and tax policy. And in their terribly narrowcast conception of politics, other potential bulwarks against mafia-style government are collapsing.

Pete Hegseth Continues To Be Awesome

  • CNN: Pete Hegseth spread baseless conspiracy theories that January 6 attack was carried out by leftist groups
  • NYT: Hegseth’s Security Guard During His Confirmation Process Left the Army After the Beating of a Civilian During Training

For Your Radar

House Democrats will vote this morning on who will serve as ranking committee members, in what has been a low-key changing of the guard post-election.

The most-watched race is the bid by Rep. Alexandria Ocasio Cortez (D-NY) to leapfrog the more senior Rep. Gerry Connolly (D-VA) to replace Rep. Jamie Raskin (D-MD) as the ranking member on Oversight.

The House Democratic Steering and Policy Committee, which effectively makes these decisions most of the time, voted yesterday 34-27 in favor of elevating Connolly over AOC. But’s it not unheard of for the full Democratic caucus to yield a different result.

EXCLUSIVE

NYT: Giant Companies Took Secret Payments to Allow Free Flow of Opioids

Black Enrollment At Harvard Law Plummets

The first entering class at Harvard Law School since the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard outlawing affirmative action in college admissions had less than half as many Black students as last year’s entering class.

Absurdism Is A Key Ingredient Of Trumpism

President-elect Trump, on his pick to be the next U.S. ambassador to Uruguay: "Lou is a great golfer, and will be in a Country with some terrific courses."

David Gura (@davidgura.bsky.social) 2024-12-17T04:30:07.647Z

Do you like Morning Memo? Let us know!

Latest Morning Memo
426
Show Comments

Notable Replies

  1. Seriously, the sick fuck thinks he has friends? Eight years ago, he was seen an absurd aberration. And when corporations kow-tow to him, it’s not out of friendship, but fear that the sick fuck will hurt their bottom lines through tariffs.

  2. The shock poll showed Harris up 3 points; Trump won the state by 13 points.

    Russia, Russia, Russia.

    “everybody wants to be my friend”

    Nobody wants to be Donald’s friend.

  3. Avatar for ajm ajm says:

    Trump is well aware of that. He says that now everybody wants to be his friend. In the past he has expressed his contempt for those who suck up to him seeking favors.

  4. Iowa does not have an anti-SLAPP law, but this reeks of bad faith and improper purpose.

Continue the discussion at forums.talkingpointsmemo.com

420 more replies

Participants

Avatar for bdtex Avatar for clemmers Avatar for steviedee111 Avatar for inversion Avatar for sniffit Avatar for mch Avatar for lastroth Avatar for thebishop Avatar for generalsternwood Avatar for mrf Avatar for darrtown Avatar for jonney_5 Avatar for 21zna9 Avatar for castor_troy Avatar for not_so_fluffy Avatar for bcgister Avatar for eaharrison Avatar for txlawyer Avatar for zenicetus Avatar for garrybee Avatar for Fire_Joni_Ernst Avatar for IBecameACitizenforthis Avatar for ClutchCargo Avatar for Zemod

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: