Current:Home > InvestTrump abandons his bid to move his New York hush-money criminal case from state to federal court -TrueNorth Capital Hub
Trump abandons his bid to move his New York hush-money criminal case from state to federal court
View
Date:2025-04-15 08:08:40
NEW YORK (AP) — Donald Trump has given up on his monthslong fight to move his New York hush-money criminal case to federal court, agreeing to proceed in a state court that he contends is “very unfair” to him.
The former president’s lawyers said in court papers Wednesday that they were dropping an appeal that sought to have a Manhattan federal court take control of the case, which is one of four criminal indictments against him.
The case is scheduled to go to trial in state court on March 25, 2024, though the judge has suggested that could change given Trump’s busy legal calendar.
Trump’s lawyers first asked to move the case to federal court in May, arguing that some of Trump’s alleged conduct amounted to official duties because it occurred in 2017 while he was president. That included checks he purportedly wrote while sitting in the Oval Office.
They appealed in June after U.S. District Judge Alvin K. Hellerstein ruled that Trump had failed to meet a high legal bar to move the case.
U.S. law allows criminal prosecutions to be moved from state to federal court if they involve actions taken by federal government officials as part of their official duties. Hellerstein ruled that the hush-money case involved a personal matter, not presidential duties.
Trump’s lawyers gave notice that they were dropping the appeal a day before a deadline to file paperwork with the 2nd U.S. Circuit Court of Appeals stating why they felt Hellerstein’s ruling should be overturned.
They said they were doing so with prejudice, meaning Trump will not be able to change his mind.
Messages seeking comment were left Trump lawyers Gedalia Stern and Todd Blanche. The Manhattan district attorney’s office declined to comment.
Trump pleaded not guilty April 4 in state court to 34 felony counts of falsifying business records to hide reimbursements made to his longtime personal lawyer Michael Cohen for his role in paying $130,000 to the porn actor Stormy Daniels, who claims she had an extramarital sexual encounter with Trump years earlier.
Cohen also arranged for the National Enquirer to pay Playboy model Karen McDougal $150,000 for the rights to her story about an alleged affair, which the supermarket tabloid then squelched in a dubious journalism practice known as “catch-and-kill.”
Trump denied having sexual encounters with either woman. His lawyers argue the payments to Cohen were legitimate legal expenses and not part of any cover-up. The New York indictment was the first brought against Trump, making him the first former president charged with a crime. He was subsequently charged in Florida with hoarding classified documents and in Washington and Georgia in connection with attempts to subvert the Republican’s 2020 election loss to Democrat Joe Biden.
The hush-money case has proceeded in state court while the fight over moving it to federal court played out. Leaving it in state court could have significant legal and practical consequences.
Had the case been transferred to federal court, Trump’s lawyers could have tried to get the charges dismissed on the grounds that federal officials have immunity from prosecution over actions taken as part of their official job duties. In state court, there is no such immunity.
In state court, the jury pool is limited to heavily Democratic Manhattan, where Trump is wildly unpopular. In federal court it’s more politically diverse, drawing also from suburban counties north of New York City where Trump has more political support.
In state court, Trump will also have to contend with a judge he has bashed as “a Trump-hating judge” with a family full of “Trump haters.” In August, Judge Juan Manuel Merchan rejected Trump’s demand to step aside from the case.
The hush-money case is scheduled to go to trial in the heat of the presidential primary season, just weeks after Trump’s his federal election interference case in Washington is set to begin.
The judge in that case has spoken with Merchan about a possible scheduling conflict because the Washington trial is scheduled to begin March 4, 2024. Trump’s lawyers have also asked Merchan to postpone the hush-money trial so they can focus on the election case.
Rather than deciding immediately, Merchan said he would wait until a February pretrial hearing to see if “there are any actual conflicts” requiring a delay.
__
Follow Michael Sisak at x.com/mikesisak and send confidential tips by visiting https://www.ap.org/tips.
veryGood! (9724)
Related
- Friday the 13th luck? 13 past Mega Millions jackpot wins in December. See top 10 lottery prizes
- High-Stakes Fight Over Rooftop Solar Spreads to Michigan
- Jessica Alba Praises Her and Cash Warren’s “Angel” Daughter Honor in 15th Birthday Tribute
- A California company has received FAA certification for its flying car
- All That You Wanted to Know About She’s All That
- Controversial BLM Chief Pendley’s Tenure Extended Again Without Nomination, Despite Protests
- Election 2018: Clean Energy’s Future Could Rise or Fall with These Governor’s Races
- Climate Change Will Hit Southern Poor Hardest, U.S. Economic Analysis Shows
- 2 killed, 3 injured in shooting at makeshift club in Houston
- The 10 Best Weekend Sales to Shop Right Now: Dyson, Coach Outlet, Charlotte Tilbury & More
Ranking
- Current, future North Carolina governor’s challenge of power
- China Ramps Up Coal Power Again, Despite Pressure to Cut Emissions
- Video shows people running during Baltimore mass shooting that left 2 dead and 28 wounded
- RHOA's Marlo Finally Confronts Kandi Over Reaction to Her Nephew's Murder in Explosive Sneak Peek
- The White House is cracking down on overdraft fees
- Human torso brazenly dropped off at medical waste facility, company says
- 2 Courts Upheld State Nuclear Subsidies. Here’s Why It’s a Big Deal for Renewable Energy, Too.
- Here's why insurance companies might increase premiums soon
Recommendation
Rolling Loud 2024: Lineup, how to stream the world's largest hip hop music festival
These cities are having drone shows instead of fireworks displays for Fourth of July celebrations
When Autumn Leaves Begin to Fall: As the Climate Warms, Leaves on Some Trees are Dying Earlier
2020: A Year of Pipeline Court Fights, with One Lawsuit Headed to the Supreme Court
Why members of two of EPA's influential science advisory committees were let go
Warming Trends: School Lunches that Help the Earth, a Coral Refuge and a Quest for Cooler Roads
As Nations Gather for Biden’s Virtual Climate Summit, Ambitious Pledges That Still Fall Short of Paris Goal
Emily Blunt Shares Insight into Family Life With Her and John Krasinski’s Daughters