A federal court has ruled against former President Donald Trump’s attempt to move his hush money case to a federal court.
At a Glance
- Former President Trump’s request to move his case to federal court was denied.
- The court deemed the filing “deficient” due to procedural errors.
- The case remains in state court as Trump dropped his appeal to federal court.
- The trial is set for March 25, 2024, though scheduling conflicts may arise.
Federal Court Rejects Trump’s Request
A federal court has rejected former President Donald Trump’s attempt to transfer his hush money case to a federal court. Trump’s legal team requested this transfer, but the court found the submission to be procedurally deficient. Errors included an incorrect PDF attachment, use of the wrong event type, lack of the court’s permission, and missing order allowing the filing.
Judge Alvin K. Hellerstein ruled the case involved personal matters rather than presidential duties. Trump’s arguments included the assertion that the trial must be moved because his constitutional rights were being violated, referencing a Supreme Court decision about presidential immunity. However, this appeal was dismissed, and the case remains in the Manhattan District Attorney’s domain.
Judge rejects Trump’s bid to move hush money case to federal court https://t.co/MyXjngClZq
— NewsNation (@NewsNation) July 20, 2023
Procedural Errors and Legal Arguments
Trump’s filing faced rejection due to multiple procedural errors. These deficiencies were highlighted by the court’s notice, which specified incorrect PDF attachments, wrong event types, and lack of necessary orders. Steven Cheung, Trump’s campaign communications director, called the issues standard procedural moves and said the team is working to correct them.
“The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong event type was used to file the pleading; Court’s leave has not been granted; the order granting permission to file the pleading was not attached,” the notice reads.
Trump’s lawyers have also asked for a delay in sentencing, pointing to the Supreme Court ruling on presidential immunity. The case is scheduled for trial in state court on March 25, 2024. This date could change due to Trump’s other legal commitments and pending federal trials.
A Complex Legal Battle
The case originally won by Manhattan District Attorney Alvin Bragg has attracted significant attention. Trump faced 34 counts of falsifying business records linked to payments made to his lawyer, Michael Cohen, to manage an alleged extramarital affair. Trump maintains his innocence and claims the payments were not related to covering up any wrongdoing.
Trump viewed the case as “very unfair” and accused Judge Juan Manuel Merchan of bias. The defense attempted to move the case to federal court, citing that some of the alleged conduct occurred while Trump served as president. Yet, the court rejected this motion, ensuring the case remains in state court where Trump cannot claim federal immunity.
Trump requests to move "hush money" case to federal court https://t.co/KgDzo6Gd4E
— CBS News (@CBSNews) August 30, 2024
Trump Drops Appeal
In a surprising development, Trump’s legal team dropped their appeal to transfer the case to federal court, deciding instead to proceed with the New York state trial. This significant decision means Trump will face a jury pool from predominantly Democratic Manhattan and will not be able to claim immunity based on his former federal duties.
“Contrary to the wishes of Radical Liberals, President Trump’s powerful petition to remove the Manhattan DA’s Witch Hunt to federal court has not been ruled on by a judge,” Steven Cheung noted. This decision underscores the ongoing legal complexities Trump faces as he continues battling multiple high-profile cases across state and federal courts.
The state court trial is set amidst the presidential primary season, with potential scheduling conflicts due to another federal trial set for March 4, 2024. Judge Merchan will address any conflicts in a pretrial hearing scheduled for February. Trump’s legal team seeks to move the hush money sentencing to a federal judge, emphasizing procedural and legal tactics to mitigate impacts on his political future.
