Trump’s Attempt to Transfer Hush Money Criminal Case to Federal Court Faces Setback – Reuters

By Luc Cohen

NEW YORK – A U.S. appeals court has decided not to intervene in a lower court ruling that keeps Donald Trump’s criminal case regarding hush money payments to a porn star in state court. This marks another setback for the former president, who sought to have the case moved to federal court.

On August 29, following his conviction in a historic criminal trial as a former U.S. president, Trump petitioned U.S. District Judge Alvin Hellerstein to transfer the case from Manhattan’s state court to federal jurisdiction, claiming that the trial infringed upon his constitutional rights.

As the Republican nominee for the upcoming presidential election on November 5, Trump argued that if the case were moved, he would request dismissal from the federal court based on the fact that jurors were exposed to evidence related to his actions as president. He contended that this exposure violated a significant U.S. Supreme Court ruling establishing that presidents enjoy considerable immunity from prosecution for acts conducted while in office.

Judge Hellerstein rejected Trump’s petition on September 3, asserting that the matter pertained to "private, unofficial acts," falling outside the scope of executive authority. Trump then appealed to the 2nd U.S. Circuit Court of Appeals to delay this decision while his appeal was under review.

A panel of three judges from the 2nd Circuit denied Trump’s request, referring to Justice Juan Merchan’s decision to postpone Trump’s sentencing from September 18 to November 26. Merchan stated the delay aimed to prevent any perception of political bias.

The decision on whether the case should be dismissed due to the Supreme Court’s ruling on presidential immunity is scheduled for November 12. This ruling stems from another criminal case Trump faces regarding his attempts to overturn the results of the 2020 presidential election against Democrat Joe Biden. Trump has pleaded not guilty in that case.

In the state court matter, a jury found Trump guilty on May 30 of 34 counts of felony falsification of business records. This conviction was linked to the $130,000 payment made by his former lawyer, Michael Cohen, to adult film actress Stormy Daniels. The payment was intended to ensure Daniels’ silence regarding an alleged sexual encounter with Trump prior to the 2016 election, which Trump denies. He has pledged to appeal his conviction once he is sentenced.