Federal Judge Rejects Trump's Attempt to Move Hush Money Case to Federal Court
ICARO Media Group
In a significant blow to former President Donald Trump, a federal judge has denied his request to transfer the New York hush money case to federal court. Judge Alvin Hellerstein ruled on Tuesday that the Supreme Court's recent presidential immunity ruling does not change the fact that the hush money payments were "private, unofficial acts."
Last week, Trump's legal team sought to move the state case to federal court, citing the Supreme Court's decision that granted immunity for certain acts falling within his official powers. They also requested a postponement of Trump's sentencing, which is currently scheduled for September 18.
However, Judge Hellerstein dismissed these efforts as unlikely and reiterated that no new facts had emerged since he rejected Trump's initial attempt to move the case last year. The judge had previously determined that the reimbursement Trump made to his former lawyer, Michael Cohen, for hush money payments to adult film actress Stormy Daniels, did not qualify as official acts carried out during his presidency.
"Nothing in the Supreme Court's opinion affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority," wrote Judge Hellerstein in his decision. He emphasized that private schemes involving private actors, unrelated to any statutory or constitutional authority, are considered unofficial acts.
Trump also argued that the case should be transferred to federal court due to his claims of bias on the part of Judge Juan Merchan, who presided over the trial. However, Hellerstein maintained that it was not within his jurisdiction to evaluate the state trial and suggested that Trump should appeal the conviction through the state courts.
The dismissal of Trump's request further signals that the federal court system upholds the previous ruling on the status of the hush money payments. Trump has expressed his intention to appeal the decision, which can only be pursued after the scheduled sentencing in New York.
Regarding the sentencing, Trump has separately requested a delay until after the election, a motion that prosecutors have not opposed. Judge Merchan is expected to make a decision on this request in the coming days.
Additionally, Trump's attorneys argued in a motion to Judge Merchan that his conviction should be overturned in light of the Supreme Court decision, which stated that evidence of official acts cannot be used at trial. They contended that testimony from former White House aide Hope Hicks and social media posts made by Trump during his presidency should not have been allowed. Judge Merchan has stated that he will rule on this motion on September 16.
If Trump is ultimately sentenced, he could face up to four years in prison. He was convicted earlier this year on 34 counts of falsifying business records.
It remains to be seen how these legal battles will unfold and if Trump's appeals will yield any changes in the outcome of the case.