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Federal judge rejects Trump's bid to move hush money case for a third time

PBS NewsHour + 1 other·75d ago·Politics
Donald TrumpDonald Trump38.1 Φ
Photo: PBS NewsHour

A federal judge on Friday rejected Donald Trump's renewed bid to move his New York hush money case into federal court, the third time Judge Alvin Hellerstein has turned him down. Trump had sought to have the case dismissed on presidential immunity grounds once it reached federal court, PBS NewsHour reported.

What did the judge rule? Hellerstein said the reasons Trump gave for renewing his request were "neither new nor legally sufficient," particularly his claims that trial testimony by former aides and a lawyer, along with his Twitter statements, infringe on presidential immunity. "They do not; paying hush money to an adult film star or engaging in a cover-up of an embarrassment are not subsumed in presidential immunity," the judge said, referring to the $130,000 payoff to adult film actor Stormy Daniels. He also said that "an affair, or a cover-up of an affair, is not within the 'outer perimeter' of the President's official responsibilities." Of the defense view that his job was merely to certify the state trial record to the appeals court, he said: "Federal district courts are not certifying clerks."

How did the case get here? Trump was convicted in May 2024 of 34 felony counts of falsifying business records to conceal the payment to Daniels, and was sentenced to an unconditional discharge that left the conviction intact but spared him any punishment, PBS NewsHour reported. Hellerstein refused to move the case after the March 2023 indictment and again after the trial, when Trump's lawyers sought to nix the conviction in the wake of the Supreme Court's July 2024 immunity ruling. Last November the 2nd U.S. Circuit Court of Appeals ordered him to reconsider, finding he had failed to consider "important issues relevant" to the request. In his written ruling Friday, Hellerstein said Trump was asking for a "second bite at the apple" and that his delay in filing for removal "constitutes a 'quintessential strategic decision.'"

What happens next? By midafternoon Friday, Trump's legal team had notified the lower court it was appealing the ruling, which a team spokesperson called "baseless and lawless," PBS NewsHour reported. A statement issued on the team's behalf said "President Trump will be filing a powerful appeal." His state court appeal of the conviction is also pending. State prosecutors did not immediately respond to a request for comment.


Figures referenced: Donald Trump. — JudgeMarket.

Sources

  • PBS NewsHourTrump loses again in bid to erase his hush money conviction75d ago
  • The HillTrump can’t appeal New York conviction in federal court, judge rules again75d ago