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A federal judge ruled Tuesday that former President Donald Trump cannot transfer his New York criminal case to federal court.
Judge Alvin Hellerstein ruled against Trump’s argument of presidential immunity and ruled that the court did not have grounds to determine alleged bias. Trump was convicted in May of 34 accounts on falsifying business records, and Hellerstein ruled that “hush money” payments fall outside the scope of “executive authority.”
“Hush money paid to an adult actress is not related to a President’s official acts. It does not reflect in any way the color of the President’s official duties,” Hellerstein wrote, reaffirming a previous decision from July 2023.
JUST IN: Judge denies former President Trump bid to request move of hush money case to federal court https://t.co/2Y87XcmqfG
— The Hill (@thehill) September 3, 2024
“Nothing in the Supreme Court’s opinion affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority,” Hellerstein wrote.
Trump’s team filed to move the case to federal court on Aug. 29, citing the Supreme Court’s July ruling that presidents are immune from prosecution for “official acts” taken in office and noting that Judge Juan Merchan’s daughter worked for now-Vice President Kamala Harris’ 2020 presidential campaign, according to the court document.
“This Court does not have jurisdiction to hear Mr. Trump’s arguments concerning the propriety of the New York trial,” Hellerstein wrote. “It would be highly improper for this Court to evaluate the issue of bias, unfairness or error in the state trial. Those are issues for the state appellate courts.”
Trump has requested that his sentencing, which is currently scheduled for Sept. 18, be postponed until after the upcoming election, a motion prosecutors have not contested.
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