Trump can’t appeal New York conviction in federal court, judge rules again
A federal judge has once again rejected Trump’s attempt to challenge his New York conviction in federal court, leaving his legal team to pursue other avenues of appeal.
On Friday, a federal judge rejected President Trump’s latest attempt to challenge his criminal conviction outside the New York state court system—a strategy invoking presidential immunity that, had it succeeded, would have allowed him to have the “hush money” case dismissed.
U.S. District Judge Alvin Hellerstein had previously rejected Trump’s attempts to move the case to federal court three times. However, an appeals court had ordered Hellerstein to reconsider the matter, ruling that he had dismissed the president’s arguments too quickly and without sufficient scrutiny.
On Friday, Hellerstein reaffirmed that Trump’s request was meritless and that the conviction stood, finding no conflict with the principle of presidential immunity.
“The grounds asserted by defendant Donald J. Trump for removal are neither novel nor sufficient; he has shown neither a colorable federal defense nor the requisite grounds,” the judge wrote.
Trump quickly moved to appeal Friday’s ruling to the U.S. Court of Appeals for the Second Circuit.
Hellerstein, a federal judge in Manhattan, was appointed to the bench by former President Clinton.
Trump was convicted on 34 felony counts of falsifying business records in connection with a $130,000 payment to adult film star Stormy Daniels—money intended to buy her silence and cover up an alleged affair.
This legal setback for Trump comes as the prosecution’s key witness—Michael Cohen, the man who managed the president’s crises before becoming his adversary and who actually made the payment—has reconciled with his former boss. Cohen recently stated that he had been compelled to testify, prompting Trump to claim that Cohen had been used as a “weapon” against him.
The hush-money case was one of four criminal proceedings Trump faced while campaigning for a new term in the White House. The New York case was the only one to reach the actual trial stage, as the other cases were dropped.
Trump continues to challenge his conviction in New York state courts, although he had hoped to present his arguments before a federal judge.
Congress allows federal officials to transfer their cases to federal court when they are prosecuted for actions related to “any act performed under color of their office.” This measure aims to prevent state interference and ensure the official receives an impartial trial.
Trump had initially attempted to have the case moved to federal court before his trial began, but Judge Hellerstein rejected the request. After the office of Manhattan District Attorney Alvin Bragg (a Democrat) secured a conviction, Trump filed a new motion. This time, he based his argument on the Supreme Court’s landmark ruling recognizing broad criminal immunity for former presidents. Trump contended that this decision meant his New York conviction could no longer stand.
However, Judge Hellerstein rejected this argument in his ruling, stating: “That is not the case; paying hush money to a porn star or concealing an embarrassing affair does not fall under presidential immunity.”
To date, every judge who has directly examined this argument has rejected its premise. In November, the U.S. Court of Appeals for the Second Circuit ruled that Judge Hellerstein had failed to consider important issues and had to reconsider Trump’s request to move the case to federal court, thereby allowing him to present that argument.
A spokesperson for the Manhattan District Attorney’s office declined to comment.
A spokesperson for the President’s legal team stated: “The Supreme Court’s landmark ruling on immunity, the U.S. and New York State constitutions, and established legal precedents all mandate that the Manhattan District Attorney’s ‘malicious prosecution’ case be moved to federal court, the verdict set aside, and the proceedings immediately dismissed.”
“President Trump has already prevailed in this case at the Second Circuit Court of Appeals, and today’s baseless and lawless decision contradicts that correct ruling. President Trump will be filing a powerful appeal, and will continue defeating Democrat weaponization at every turn.”
