The US District Court for the Southern District of New York on Tuesday rejected former President Donald Trump’s motion to move his New York hush money case to federal court, an attempt that could overturn Trump’s conviction or delay his sentencing until after the presidential election in November.
Trump’s motion to move his case to federal court was filed last week. In the request, his legal team argued the New York state court was biased and “violated the Presidential immunity doctrine … by relying on evidence of President Trump’s official acts” while in office. The request cited a recent decision by the US Supreme Court that ruled former US presidents are immune from criminal prosecution for their actions taken within their “official responsibility.”
US District Judge Alvin Hellerstein quickly dismissed Trump’s bias argument on jurisdictional grounds. He stated: “This Court does not have jurisdiction to hear Trump’s arguments concerning the propriety of the New York Trial.” This was based on the US Supreme Court case Rooker v. Fidelity Trust Co., which held that no other court may reverse or modify state judgments. Hellerstein also stated that bias or unfairness at the trial court level are “issues for state appellate courts.”
Additionally, Hellerstein rejected Trump’s claim of “absolute immunity from criminal prosecution” for official presidential acts. He stated Trump failed to show how the payment of hush money was within the “bounds of executive authority.”
The case continues at the state level with the trial court judge expected to issue an opinion on whether the conviction may be overturned for the reasons stated above. The ruling is expected on September 16. Trump has sought to delay state court proceedings pending his federal court filings. This includes an appeal of Tuesday’s ruling to a federal appellate court. The Manhattan District Attorney’s Office filed a letter asking the state trial judge to proceed with its decision and sentencing.