News
Trump Appeals Judge’s Decision to keep the Hush-Money Case in State Court
(CTN News) – Former President Donald Trump’s legal challenges continue as he seeks to move his hush-money criminal case from a New York state court to a federal court.
His lawyers recently appealed to the 2nd U.S. Circuit Court of Appeals in Manhattan after a federal judge rejected his bid to transfer the case. This article delves into the case details, Trump’s arguments, and the potential implications of the legal maneuver.
The hush-money case involves 34 felony counts of falsifying business records, where Trump is accused of concealing reimbursements made to his longtime personal lawyer, Michael Cohen.
These payments were allegedly linked to Stormy Daniels, a porn actor, and Karen McDougal, a Playboy model, who claimed extramarital sexual encounters with Trump. Trump maintains his innocence and argues that the payments were legitimate legal expenses, not part of any cover-up.
The Attempt to Move the Case to Federal Court:
Trump’s lawyers assert that some of the alleged conduct occurred while he was President in 2017, and therefore, it should be considered part of his official presidential duties.
They contend that this justifies the case being tried in federal court, where they could potentially argue for immunity from prosecution based on actions taken as part of Trump’s official job duties.
Federal Judge’s Decision:
However, U.S. District Judge Alvin K. Hellerstein rejected the bid to move the case to federal court. He ruled that the hush-money case primarily revolves around personal matters rather than actions related to presidential duties, thus warranting its continuation in state court.
Implications of the Appeal:
If the appeal succeeds and the case is transferred to federal court, it would have significant legal and practical consequences for Trump. Federal officials generally enjoy immunity from prosecution over actions taken in their official capacity, which could potentially lead to the charges being dismissed.
Additionally, a shift to federal court would change the jury pool, drawing from both Democratic-heavy Manhattan, where Trump is unpopular, and suburban counties north of the city, where he enjoys more political support.
Other Legal Challenges:
In addition to the hush-money case, Trump also faces new criminal charges in a separate federal case in Florida. These charges involve allegations of illegally hoarding classified documents at his Mar-a-Lago estate.
Conclusion:
The legal battle surrounding Donald Trump’s hush-money case is far from over. With the appeal now in motion, the 2nd U.S. Circuit Court of Appeals will weigh the arguments and decide whether the case should be moved to federal court.
Meanwhile, Trump’s trial in state court is scheduled for March 25, 2024, and his lawyers are also seeking the presiding judge to step aside, alleging bias. The outcome will significantly affect the former president’s future as the proceedings continue.
