The Supreme Court have tied Judge Merchan’s hands on this one.
As I understand it, they didn’t just rule that official acts have presumed immunity, but they also introduced a new evidentiary standard (possibly the most fucked up part of the whole thing) that says any official actions or communications during the presidency are inadmissible as evidence in a criminal trial. Even for a crime that happened outside the temporal bounds of the presidency.
The hush money trial relied on evidence which related to Trump’s interactions with Hope Hicks during the presidency along with the fact he signed his illegal checks from the White House. This obviously was fine at the time but it’s uncertain that it now meets this new criteria.
This means we have a pretty unprecedented situation where he has been convicted of felonies but now the evidentiary standard has changed post factum. It seems that pretty much the only thing the judge can do now is declare a mistrial and re-try him, which may involve another trip to the Supreme Court to see if the evidence they used previously is admissible under their new guidelines.
This can of worms the SC have opened up will therefore contaminate every case he is tried for. A lot of the evidence for the Docs case is now in jeopardy, the Jan 6th case and the Georgia rico case will rely on him persuading people that slating false electors constitutes an official act, and they need to prove he did that without any “official” communications like the call with Raffensperger where he asked for more votes.
It has fucked everything. It’s almost like that is what they had in mind.