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Judge Rejects Trump’s Second Bid to Move Hush Money Case to Federal Court

A federal judge has declined to support former President Donald Trump’s second attempt to transfer his hush money case from state court to federal court.

Trump sought the federal court’s intervention to postpone his sentencing after the Supreme Court determined in July that he was entitled to immunity from criminal prosecution for actions taken during his presidency.

U.S. District Judge Alvin Hellerstein, in a ruling on Tuesday, stated, “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.” This statement reinforced his decision to deny Trump’s request to shift venues.

Scheduled for September 18, Trump’s sentencing follows his conviction in May on 34 felony counts associated with falsifying business records. These charges were linked to a hush money payment made to adult film actress Stormy Daniels, which was intended to enhance his chances during the 2016 presidential campaign.

Late Tuesday, Trump made a formal notice of appeal, indicating his intention to contest Hellerstein’s ruling in the United States Court of Appeals for the Second Circuit.

Earlier on Tuesday, the Manhattan district attorney’s office communicated with the New York court regarding the case, asserting that there is no justification for postponing the forthcoming sentencing. The letter written to the presiding judge highlighted that the defendant’s concerns about the timing were primarily the result of his own “strategic and dilatory litigation tactics.”

In this communication, the district attorney’s office pointed out that this second notice of removal comes nearly ten months after Trump voluntarily dropped his appeal related to his first unsuccessful attempt to move the case. Additionally, it followed three months after his jury conviction and nearly two months after he requested the court to consider his motion for a new trial.

FILE – In a photo from July 31, 2024, Donald Trump gestures to the audience after speaking at a campaign rally in Harrisburg, Pa.

The district attorney’s office refrained from stating a preferred timeline for Trump’s sentencing, deferring to the judge’s discretion.

Moreover, Trump has requested that Judge Juan Merchan delay his sentencing until after the November elections and has also sought to have the case dismissed on grounds of presidential immunity. However, Judge Merchan has not yet ruled on either of these requests.

This legal battle continues to demonstrate the complexities surrounding Trump’s various ongoing legal challenges as he navigates his political ambitions and court proceedings.

Source: ABC News