A federal judge denied former President Donald Trump’s request to transfer the New York hush money case to federal court. The judge ruled that the payments involved were “private, unofficial acts,” unaffected by the Supreme Court’s recent decision on presidential immunity.
Trump’s legal team attempted to move the state case to federal court, referencing the Supreme Court’s ruling this summer, which granted immunity for certain actions within his official powers. They also requested a postponement of Trump’s sentencing, scheduled for September 18.
Judge Alvin Hellerstein dismissed the attempt, noting that no new facts emerged since he first rejected the bid last year. He reaffirmed that Trump’s reimbursement to Michael Cohen, who arranged hush money payments to adult film actress Stormy Daniels, were not official presidential acts.
“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,” Hellerstein stated in his decision. He emphasized that “private schemes with private actors, unconnected to any statutory or constitutional authority or function of the executive, are considered unofficial acts.”
Trump also argued that the case should be moved due to alleged bias from Judge Juan Merchan, who presided over the trial. However, Hellerstein stated it was not within his jurisdiction to review the state trial, advising Trump to appeal the conviction through the state courts. He further declined to delay Trump’s sentencing, citing similar reasons.
Trump has separately requested Judge Merchan to delay the sentencing until after the election. Prosecutors have not opposed this request, and a decision could be issued soon. Additionally, Trump’s attorneys have filed a motion to overturn his conviction, arguing that the Supreme Court decision prohibits the use of certain evidence at trial. Judge Merchan is expected to rule on this motion on September 16.
Trump faces up to four years in prison following his conviction earlier this year on 34 counts of falsifying business records.