In a significant blow to former President Donald Trump, U.S. District Judge Alvin Hellerstein ruled on Tuesday that Trump’s hush money criminal case will remain in New York state court. The judge denied Trump’s motion to transfer the case to federal court, stating that Trump failed to provide “good cause” for the move.
Judge Hellerstein’s decision came after Trump argued that New York courts were biased and that his trial judge had not properly addressed issues of presidential immunity. Hellerstein dismissed the bias argument, noting that federal courts do not have jurisdiction over alleged state court bias and that such claims should be reviewed by state appellate courts.
Regarding presidential immunity, Hellerstein reaffirmed his previous ruling that payments made to an adult film actress were private and not connected to Trump’s official duties as President. “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,” the judge said.
Trump’s request to move the case to federal court was part of a broader strategy to challenge the ongoing New York prosecution, which he claims is politically motivated and harmful to his 2024 presidential campaign. He had also asked Judge Juan Merchan to delay rulings on other motions, including a request for presidential immunity and a postponement of his sentencing, until the federal court’s decision on the removal motion.
The Manhattan District Attorney’s office has urged Judge Merchan to proceed with the pending motions, accusing Trump of using “strategic and dilatory litigation tactics” to delay the case. While prosecutors have left it to the judge’s discretion to decide on delaying Trump’s sentencing, they have pushed for a timely resolution.
Trump was convicted in May on 34 counts of falsifying business records related to a hush money payment made to an adult film actress. This payment was intended to keep quiet her claims of an alleged affair with Trump, which he denies, ahead of the 2016 presidential election.
