Trump Seeks Federal Court for Hush Money Case, Cites Presidential Immunity in New Appeal

October 16, 2024
Trump Seeks Federal Court for Hush Money Case, Cites Presidential Immunity in New Appeal
  • As the legal battle unfolds, Manhattan prosecutors have the opportunity to respond to Trump's latest brief, but it remains uncertain if the court will issue a ruling before the upcoming election.

  • This marks Trump's second attempt to move the case from New York's state court system, following a previous denial by U.S. District Judge Alvin Hellerstein, who stated that the hush money payments were private acts unrelated to presidential duties.

  • The appeal comes after Hellerstein denied a similar motion in September, asserting that Trump did not demonstrate 'good cause' for reconsideration.

  • The case revolves around a $130,000 hush money payment made to adult film actress Stormy Daniels just days before the 2016 election, with Trump pleading not guilty to 34 counts of falsifying business records.

  • Trump is scheduled for sentencing on November 26, which may be affected by the outcome of the appeal if unresolved by that date.

  • Depending on the appeal's outcome, Judge Juan Merchan, who oversees the state case, may be unable to enter final judgment or sentence Trump if the motion remains unresolved.

  • Former President Donald Trump has filed a 99-page appellate brief seeking to transfer his New York criminal hush money case to federal court, citing presidential immunity.

  • Trump's legal team argues that the state prosecution is politically motivated and biased, and they are requesting the appeals court to order Hellerstein to hear their arguments for the transfer.

  • The defense contends that the evidence used in the trial, which included Trump's official communications, violates the Supreme Court's ruling on presidential immunity.

  • Additionally, the new filing argues for federal jurisdiction to challenge a gag order imposed by Merchan that restricts Trump's campaign speech leading up to the election.

  • Hellerstein's previous ruling emphasized that the hush money payments were private actions outside the scope of executive authority, which he maintained despite the Supreme Court's ruling on presidential immunity.

  • This case has significant implications, as it marks the first-ever conviction of a former or sitting president, with Trump facing a potential sentence of up to four years in prison.

Summary based on 5 sources


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