On Wednesday, September 4, 2024, NBC News reported that a federal judge denied former President Donald Trump’s second attempt to transfer his New York hush money criminal case to federal court.
U.S. District Judge Alvin Hellerstein of the Southern District of New York ruled that there was no valid reason for Trump’s attorneys to file a motion for the case to be heard in federal court instead of the state court where jury trial and conviction had already occurred. Trump’s lawyers argued that the state judge overseeing the case, Juan Merchan, was biased against their client and that a recent U.S. Supreme Court ruling on presidential immunity could invalidate some of the charges.
However, Judge Hellerstein rejected both of these claims. Regarding the allegations of bias against Judge Merchan, Hellerstein said this issue would need to be addressed in an appeal within the state court system rather than presenting a federal question to justify moving the case. On the presidential immunity argument related to the Supreme Court’s separate ruling involving Trump, Hellerstein maintained his previous decision from July 2023 that allegedly “hush money” payments to an adult film star in 2016 were private actions beyond the official duties of the presidency.
The criminal case originated in state court where Merchan is still weighing post-trial defense motions from Trump seeking to overturn the jury conviction or delay his scheduled sentencing in mid-September.
Prosecutors from the New York District Attorney’s office have opposed these delay tactics. In a letter, they urged Merchan not to allow the removal attempt to federal court to prevent a ruling on the pending new trial request and sentencing postponement. The DA’s office argued the federal court filings were part of Trump’s “strategic and dilatory litigation tactics” long after voluntarily abandoning his initial removal appeal last year.
With Merchan expected to issue decisions on September 16th, just two days ahead of the sentencing date, the NBC News report indicated the former president’s latest failed maneuver in federal court clears the way for the state case to continue progressing toward final resolution after years of motions and appeals throughout the legal process.
Source: NBC News
