Federal Judge Denies Trump’s Request to Move Hush Money Case to Federal Court
In a significant legal setback for former President Donald Trump, a federal judge has rejected his request to transfer the New York hush money case to federal court. The decision, delivered by Judge Alvin Hellerstein on Tuesday, maintains that the payments made to adult film actress Stormy Daniels were “private, unofficial acts” rather than actions conducted within Trump’s official presidential duties.
Trump’s legal team had argued that the case should be moved following the Supreme Court's recent ruling granting some presidential immunity for actions taken within official capacity. They contended that this ruling should influence how the hush money case is evaluated. Additionally, they sought to postpone Trump’s sentencing, which is currently scheduled for September 18.
Judge Hellerstein, who had previously rejected Trump’s attempt to move the case to federal court last year, reaffirmed his stance. He emphasized that nothing in the Supreme Court’s decision altered his view that the hush money payments were not connected to Trump’s role as president.
“Private schemes with private actors, unconnected to any statutory or constitutional authority or function of the executive, are considered unofficial acts,” Hellerstein wrote in his decision. He further asserted that Trump’s reimbursement to Michael Cohen, who facilitated the hush money payments, was not an act performed in the scope of executive authority.
Trump’s attorneys also argued that the case should be moved due to alleged bias from Judge Juan Merchan, who presided over the trial in New York. However, Hellerstein dismissed this claim, stating it was not within his purview to evaluate the fairness of the state trial or its outcomes. He noted that issues of bias and fairness should be addressed through the state appellate process, not through federal court.
“The proper vehicle would be for Trump to appeal the conviction through the state courts,” Hellerstein explained. He reiterated that it would be inappropriate for him to delay Trump’s sentencing or to assess the state trial’s merits.
In addition to these legal maneuvers, Trump has requested Judge Merchan delay his sentencing until after the November election. Prosecutors have not opposed this request, and a decision could be issued by Merchan as soon as this week.
Trump has also filed a motion with Merchan arguing that his conviction should be overturned based on the Supreme Court's decision, which found that evidence of official acts should not be used at trial. His attorneys have contested the inclusion of testimony from former White House aide Hope Hicks and social media posts made by Trump during his presidency.
Judge Merchan is expected to rule on this motion on September 16. Trump faces a potential sentence of up to four years in prison following his conviction on 34 counts of falsifying business records earlier this year.
This decision underscores the ongoing legal challenges for Trump, with the implications of the case continuing to unfold as the 2024 presidential election approaches.