Trump has invoked presidential immunity in several of his cases without success so far, including with E. Jean Carroll — whom he was ultimately found liable for sexually assaulting — delaying the case for years.

Lanny Davis, a legal expert who was formerly Michael Cohen’s lawyer, said that the decision would have little impact on the hush money case because paying hush money is not an executive function. He also said Trump directed Cohen to pay hush money to Daniels before he was president.

However, Trump’s lawyers previously argued that certain pieces of evidence — including threatening posts directed at Michael Cohen and denigrating Daniels while he was in office — are eligible for immunity.

His lawyers could argue this on appeal, but Lanny Davis, a legal expert who was formerly Cohen’s lawyer, pointed to unsuccessful past attempts in arguing immunity.

“They tried a lot of things as defense lawyers, and they didn’t succeed in any of them,” Davis said.

“I don’t think calling Stormy Daniels ‘horseface’ in a tweet constitutes an official press communication even if he was president when he did it,” Kuby said.

Moreover, last year, Trump’s attempt to get the hush money charges moved to federal court was thrown out.

“The evidence overwhelmingly suggests that the matter was a purely a personal item of the president — a cover-up of an embarrassing event,” Manhattan Federal Judge Alvin Hellerstein wrote in July 2023.

“Hush money paid to an adult film star is not related to a president’s official acts,” he added. “It does not reflect in any way the color of the president’s official duties.”

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