Donald Trump’s Attempt to Transfer New York Hush Money Case to Federal Court Fails

A US judge has ruled that former President Donald Trump cannot move his New York hush money case to federal court, a decision that likely prevents any delay of his sentencing scheduled for September 18 until after the November presidential election.

US District Judge Alvin Hellerstein in Manhattan stated on Tuesday that he lacked jurisdiction over the state-law case, in which Trump was convicted earlier this year. This ruling is a significant setback for Trump, who has sought to delay the proceedings until after the election.

Trump had argued that a landmark US Supreme Court ruling in July, which grants presidents broad immunity from criminal charges related to their official duties, should have led to the dismissal of his conviction. However, the hush money case involves actions taken before he was president. Trump further argued that the matter should be addressed by a federal court.

The former president contends that the trial was tainted by evidence and testimony that would have been excluded under the Supreme Court’s new immunity standard, while Manhattan prosecutors maintain that the high court’s ruling has no bearing on the jury’s verdict.

Facing up to four years in prison, Trump might receive a shorter sentence or even probation. Judge Hellerstein, who had previously rejected Trump’s attempt to transfer the case to federal court, affirmed that the Supreme Court’s decision did not change his view. “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 said. He described the payments as private schemes unrelated to any official executive function.

Transferring the case to federal court could have expedited Trump’s appeal process to the Supreme Court and provided a chance to potentially influence the Justice Department if he were to win the election—a power he does not have over state cases.

New York state Justice Juan Merchan, who oversaw Trump’s trial, will also address the immunity argument and is expected to rule by September 16 on Trump’s motion to overturn his conviction.

Trump may appeal Tuesday’s ruling, which could further extend the legal battle over moving the case to federal court. He previously appealed a similar ruling before his trial but withdrew that appeal before a decision was reached.

Trump was convicted in May for falsifying business records related to a scheme to hide a $130,000 payment to porn star Stormy Daniels, intended to prevent her from revealing a past sexual encounter with him just before the 2016 election.