A federal judge ruled Tuesday that former President Donald Trump's New York criminal case cannot be transferred to federal court.
Judge Alvin Hellerstein The verdict was given Judge Hellerstein disagreed with Trump's claim of presidential immunity, ruling that the court had no basis for finding bias. Trump was convicted in May of 34 counts of falsifying business records, and Judge Hellerstein ruled that the “hush money” payments fell outside the scope of “executive authority.”
“Hush payments paid to adult actresses are unrelated to the President's official duties and in no way reflect the color of his official duties,” Hellerstein wrote, reaffirming his earlier July 2023 decision. (Related: New York Supreme Court declines to hear President Trump's appeal to lift censorship)
BREAKING: Judge denies request to move former President Trump's hush money lawsuit to federal court https://t.co/2Y87XcmqfG
— The Hill (@thehill) September 3, 2024
“The Supreme Court's decision does not affect my prior conclusion that hush payments are private, informal actions outside the scope of executive authority,” Hellerstein wrote.
Trump's team Submitted The Supreme Court is scheduled to send the case to federal court on Aug. 29, citing a July ruling that found the president is immune from prosecution for “official business” performed while in office and noting that Judge Juan Marchan's daughter worked on Vice President Kamala Harris' 2020 presidential campaign, according to court documents.
“This Court does not have the jurisdiction to hear Mr. Trump's arguments regarding the validity of the New York trial,” Hellerstein wrote. “It would be wildly inappropriate for this Court to evaluate issues of bias, unfairness, or error in a state trial — those are matters for state appellate courts to address.”
Trump has asked that his sentencing, currently scheduled for Sept. 18, be delayed until after the next election, a request that prosecutors have not opposed.
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