(Source- thedailybeast.com)
In a significant legal defeat for Donald J. Trump, a federal judge in Manhattan has denied the former president’s bid to transfer his state criminal case to federal court. Judge Alvin K. Hellerstein ruled on Tuesday that Trump’s Attempt of presidential immunity does not apply to the hush-money case, effectively ending his latest effort to challenge his conviction.
Presidential Immunity Does Not Apply in Trump’s Attempt to Hush-Money Case
The ruling comes after Trump was convicted in May on 34 felony counts of falsifying business records related to hush-money payments made to adult film actress Stormy Daniels. The payments were allegedly made to prevent Daniels from going public about an affair with Trump in 2006. Trump had sought to move the case to federal court, arguing that his actions were protected by presidential immunity, as recognized by a recent Supreme Court decision concerning “official acts.” However, Judge Hellerstein dismissed this argument, stating that the hush-money payments were “private, unofficial acts, outside the bounds of executive authority.”
In his four-page decision, Judge Hellerstein also declined to address Trump’s claims of bias in the state courts, noting that such concerns were not within his jurisdiction to evaluate. He emphasized that Trump’s attempts to invoke presidential immunity were “groundless,” as the actions in question did not pertain to his official duties as president.
Sentencing Scheduled Amidst Tightening Election Race
This ruling marks a blow to Trump’s ongoing efforts to avoid sentencing, which is set for September 18. The timing of the sentencing is crucial, as it falls just weeks before Election Day when Trump is competing against Vice President Kamala Harris in the race for the presidency. Trump’s legal team has requested a delay in sentencing until after the election, arguing that this would preserve the integrity of the proceedings. However, the Manhattan district attorney’s office, which secured the conviction, has left the decision to the judge, raising the possibility that a delay could be granted.
Despite the legal setback, Steven Cheung, a spokesperson for Trump’s campaign, vowed to continue fighting to move the case to federal court. He criticized the criminal case as an “Election Interference Witch Hunt,” and called for the pending sentencing to be dismissed. Cheung’s comments reflect the Trump campaign’s broader strategy to frame the legal challenges as politically motivated attacks by the Harris-Biden administration.
Judge Hellerstein’s decision also touched on the broader implications of the Supreme Court’s recent ruling on presidential immunity. While Justice Juan M. Merchan, who presided over Trump’s state trial, had previously agreed to delay sentencing following the Supreme Court’s ruling, the judge is expected to rule on a separate motion by Trump’s legal team seeking to overturn his conviction based on that decision. The district attorney’s office, however, has maintained that the Supreme Court’s ruling has no relevance to Trump’s prosecution.
As the legal battles continue, the focus now shifts to September 16, when Justice Merchan is set to decide on Trump’s motion to reverse the conviction. The outcome of that decision will likely have significant repercussions, not only for Trump’s legal future but also for the ongoing presidential race, as the former president navigates the dual pressures of a criminal conviction and a tight electoral contest.
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