A federal judge denied Donald Trump’s request to move his New York hush-money case to federal court on Tuesday after his attorneys cited the Supreme Court immunity ruling that granted him immunity for “official acts” taken as president.
U.S. District Judge Allen Hellerstein ruled that there were no new facts that would warrant the case being moved, despite the immunity ruling. He added that Trump’s actions were “private, unofficial acts” that do not warrant immunity from criminal prosecution.
Trump’s attorneys first asked that the case be moved to federal court last week, but they needed Hellerstein’s approval to do so. Just hours after they requested his approval on Tuesday, Hellerstein denied the request.
“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,” Hellenstein wrote in the four-page ruling.
This is Trump’s second unsuccessful attempt to move the case to federal court after he pleaded not guilty to 34 counts of falsifying business records last spring. In May, he was convicted on all 34 counts.
Trump’s attorneys also argued the case should be moved to federal court because the New York judge presiding over the case, Judge Alan Merchan, is biased, they claimed.
Hellerstein shot down the argument and wrote that it is not his role as a federal judge to evaluate the New York case.
“It would be highly improper for this Court to evaluate the issues of bias, unfairness or error in the state trial,” Hellerstein wrote.
Trump has separately asked Merchan to drop the jury’s verdict in his case, arguing that his actions were “official” under his presidential duties and therefore make him immune from criminal prosecution. He has also requested the sentencing be postponed until after November’s election.
Merchan is expected to rule on the former request on Sept. 16, just two days before Trump’s scheduled sentencing on Sept. 18.
