Donald Trump’s attempt to throw out his conviction in the Stormy Daniels hush money case has been denied.
His lawyers argued a historic ruling on presidential immunity, passed shortly after the verdict in May, meant his 34 convictions for falsifying business records should be overturned.
However, a Manhattan judge said the Supreme Court ruling did not cover Mr Trump because his actions in the case were not official acts related to the presidency.
Judge Juan Merchan cited a prior federal court ruling that the hush money payment and reimbursements that followed were related to Mr Trump’s private life.
Steven Cheung, spokesman for the president-elect, called the latest decision a “direct violation of the Supreme Court’s decision on immunity”.
Mr Trump has always denied a sexual encounter with ex-porn star Stormy Daniels, but was convicted of falsifying business records over a $130,000 (£102,000) payment to buy her silence in the lead up to the 2016 election.
He will be the first convicted criminal to enter the White House when he takes power again on 20 January.
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He was originally due to be sentenced on 26 November, but Judge Merchan postponed it indefinitely after Mr Trump won the US election.
If the conviction stands, sentencing may not take place until after he finishes his second stint in the White House in 2029.
Mr Trump’s lawyers have raised other grounds for dismissal, such as claims of juror misconduct, so the conviction might yet be quashed.
They have also argued the unresolved case will interfere with his ability to govern.
In response, prosecutors have suggested remedies such as a guarantee any sentence won’t include jail time – but these have met with an unenthusiastic response from the Trump team.
The president-elect has already managed to shake off several other cases following his resounding win over Kamala Harris.
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Prosecutors ended two federal cases over alleged efforts to overturn his 2020 election loss and claims he hoarded classified papers at his Florida estate.
A separate state case in Georgia – again over election interference claims – is largely on hold.
Mr Trump denied the allegations in all the cases.
