Trump, convicted of falsifying business records, sought to leverage a U.S. Supreme Court ruling on presidential immunity to overturn his conviction.
Former president, Donald Trump’s attempt to transfer his New York hush money criminal case to a federal court was quickly rejected by the U.S. District Judge Alvin Hellerstein on Tuesday.
Trump, convicted of falsifying business records, sought to leverage a U.S. Supreme Court ruling on presidential immunity to overturn his conviction.
Trump’s legal team responded by filing a notice of appeal late Tuesday in the 2nd U.S. Circuit Court of Appeals.
Steven Cheung, a spokesperson for Trump’s campaign, said, “Trump and his lawyers will continue to fight to move this Hoax into federal court where it should be put out of its misery once and for all.”
Hellerstein reiterated his earlier decision, stating that the defense had not met the necessary burden of proof to change the case’s jurisdiction. He emphasized that the hush money payments were “private, unofficial acts, outside the bounds of executive authority.”
The judge also addressed the defense’s claims of bias during Trump’s state trial, noting, “It would be highly improper for this Court to evaluate the issues of bias, unfairness or error in the state trial.”
Earlier that day, Trump’s lawyers requested a delay in his sentencing, scheduled for September 18, to allow time for a potential appeal.
Trump was convicted in May of 34 felony counts for concealing a $130,000 hush money payment to Stormy Daniels, who claimed to have had an affair with him. Trump has denied the affair and maintained his innocence.
Trump’s legal team argued that the timing of the sentencing, just two days after the expected ruling on his motion to overturn the verdict, could interfere with the upcoming election. They warned that Trump could face jail time as early voting begins.
The Manhattan district attorney’s office, which prosecuted the case, declined to comment but expressed willingness to follow a post-trial schedule that allows for adequate time to address Trump’s motion while proceeding with sentencing “without unreasonable delay.”
Hellerstein’s ruling came just hours after Trump’s lawyers requested his permission to intervene. The judge dismissed claims that the state trial was unfair due to Merchan’s refusal to delay proceedings until after the Supreme Court’s ruling on presidential immunity.
Merchan, the trial judge, previously rejected Trump’s request for recusal, describing the demand as “rife with inaccuracies and unsubstantiated claims.” A state appeals court recently upheld a gag order placed on Trump.
In his ruling, Hellerstein noted that Trump could pursue a state appeal or seek review from the U.S. Supreme Court, whose ruling restricts prosecutions of ex-presidents for official acts while limiting the use of official actions as evidence of illegal activities.
Trump’s legal team contends that prosecutors rushed the trial instead of waiting for the Supreme Court’s ruling on presidential immunity.
They also argued that the prosecution improperly introduced evidence from former White House staffers and Trump’s 2018 tweets related to the hush money deal.
