Former President Trump recently requested a federal judge to transfer his New York criminal case to federal court. However, a federal judge ruled on Tuesday (September 3) that Trump failed to provide sufficient grounds for such a transfer, and therefore the case should continue to be handled by the New York state court.
The federal judge, Alvin Hellerstein, stated that the Supreme Court’s decision in July regarding presidential immunity did not change his previous conclusion that the hush money paid by Trump to adult film actress Stephanie Clifford was “private and unofficial conduct, not within the scope of executive powers.”
Hellerstein pointed out that his Southern District of New York federal court does not have the authority to review objections to the legality of proceedings in lower courts, even if those proceedings could result in Trump being convicted. He suggested that the parties could appeal to the state appellate court or seek review from the U.S. Supreme Court for a final decision.
The judge emphasized that it would be improper for his court to evaluate issues of unfairness or errors in a state trial. Such matters should be handled by the state appellate court.
In May 30, a New York jury found Trump guilty on all 34 felony charges, concluding that he falsified business records when he paid hush money to Clifford during the 2016 election, categorizing the payment as campaign expenses reimbursement, falsifying records, and committing business fraud. The sentencing for Trump is scheduled for September 18.
On August 29, Trump’s lawyers filed a motion in the Southern District of New York, alleging that the gag order issued by New York Supreme Court Judge Juan Merchan overseeing the case was unconstitutional and conflicted with the Supreme Court’s ruling in “Trump v. United States.” In that ruling, most justices agreed that the president has a certain degree of immunity when carrying out official duties. However, the court also noted that “unofficial conduct does not enjoy immunity.”
Trump accused Judge Merchan of violating the Supremacy Clause of the Constitution and the Federal Election Campaign Act, as Merchan asked the jury to “serve as members of the Federal Election Commission.” Trump’s application stated that Merchan refused to allow a former FEC commissioner to testify and denied Trump’s requests for specific inquiries that would seek a clear and consistent interpretation of federal rules regarding campaign contributions.
Facing the hush money case, Trump has denied any wrongdoing and vowed to appeal.
Trump’s lawyer, Todd Blanche, stated in August that sentencing was unnecessary as, according to the president’s immunity, the judge should reject and overturn the jury’s decision. He plans to appeal and request a postponement of the sentence.
The local prosecutor’s office indicated in a letter that they will comply with the court’s arrangements.