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Reason
Reason
Politics
Eugene Volokh

Federal Judge Concludes Then-Candidate Trump's Attempt to Remove N.Y. Hush Money Non-Reporting Prosecution to Federal Court Came Too Late

From the long opinion today by Judge Alvin Hellerstein (S.D.N.Y.) in People v. Trump:

Defendant Donald J. Trump, President of the United States, moved for leave to file a second notice of removal. I denied his motion, but the Court of Appeals vacated and remanded and, on remand, I was directed to consider (1) whether then former President Trump demonstrated good cause for filing an untimely notice of removal after the Supreme Court issued its decision in Trump v. United States (2024), and diligently sought removal; (2) whether removal under 28 U.S.C. §§ 1442(a)(1) and 1455(b)(1) is available at this stage of the state court proceedings; and (3) whether Trump's prosecution is for or relating to an act under color of federal office and whether he raises a colorable federal defense.

To remind people of the prosecution:

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