Trump loses bid to move hush money case to federal court
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Former President Trump takes the stage during a campaign rally in Johnstown, Pa., on August 30, 2024. Photo by Chip Somodevilla/Getty Images
Former President Trump on Tuesday lost his bid to move his hush money case from New York state courts to federal jurisdiction.
Why it matters: Trump is due to be sentenced later this month in the case, in which he was found guilty on all 34 felony counts of falsifying business records to conceal payments to adult film actress Stormy Daniels. The ruling means the case will remain with state Judge Juan Merchan.
- Trump unsuccessfully tried to argue Merchan was biased against him. His lawyers are also trying to get sentencing moved to after the election.
- "It would be highly improper for this Court to evaluate issues of bias, unfairness or error in the state trial," federal Judge Alvin K. Hellerstein wrote. "Those are issues for the state appellate courts."
- Trump's argument that Merchan was biased was based in part on the fact that his daughter had donated to Democrats, including to Vice President Kamala Harris during her presidential run in 2019.
What's inside: Hellerstein also rejected Trump's request for a new assessment of how a recent Supreme Court decision shielding presidents from legal liability for official acts relates to the hush money case.
- "Nothing in the Supreme Court's opinion affects my previous conclusion that the hush money payments were private, unofficial acts, outside of the bounds of executive authority," Hellerstein wrote.
What to watch: Earlier Tuesday, prosecutors had opposed Trump's request that sentencing in the case, currently scheduled for Sept. 18, be halted until his request to kick the case up to a federal court be resolved.
- Merchan is expected to decide soon whether the GOP presidential nominee will be sentenced before or after the election.
- Trump's convictions carry the possibility of prison time, but many legal analysts believe Merchan will opt for a less severe penalty.
What they're saying: Trump campaign communications director Steven Cheung said in an emailed statement that there "should be no sentencing" in the N.Y. state case and pointed to the Supreme Court ruling that presidents have immunity for "official acts."
- "As mandated by the United States Supreme Court, this case, along with all of the other Harris-Biden Hoaxes, should be dismissed," Cheung said.
- He said Trump and his legal team would "continue to fight" to move the case "into federal court where it should be put out of its misery once and for all."
Go deeper: Trump's hush money gag order stays in place after appeal
Editor's note: This article has been updated with comment from Trump campaign communications director Steven Cheung.
