Current:Home > FinanceTrump abandons his bid to move his New York hush-money criminal case from state to federal court -Infinite Edge Learning
Trump abandons his bid to move his New York hush-money criminal case from state to federal court
View
Date:2025-04-16 12:12:10
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! (1)
Related
- Meta releases AI model to enhance Metaverse experience
- Today's Al Roker Reflects on Health Scares in Emotional Father's Day Tribute
- January is often a big month for layoffs. Here's what to do in a worst case scenario
- Buying an electric car? You can get a $7,500 tax credit, but it won't be easy
- Trump invites nearly all federal workers to quit now, get paid through September
- January is often a big month for layoffs. Here's what to do in a worst case scenario
- Millions of workers are subject to noncompete agreements. They could soon be banned
- Why Nick Cannon Thought There Was No Way He’d Have 12 Kids
- Could your smelly farts help science?
- Air Pollution From Raising Livestock Accounts for Most of the 16,000 US Deaths Each Year Tied to Food Production, Study Finds
Ranking
- Juan Soto praise of Mets' future a tough sight for Yankees, but World Series goal remains
- Tidal-wave type flooding leads to at least one death, swirling cars, dozens of rescues in Northeast
- Southwest promoted five executives just weeks after a disastrous meltdown
- Charleston's new International African American Museum turns site of trauma into site of triumph
- Small twin
- Sarah Silverman sues OpenAI and Meta over copied memoir The Bedwetter
- England will ban single-use plastic plates and cutlery for environmental reasons
- In California’s Farm Country, Climate Change Is Likely to Trigger More Pesticide Use, Fouling Waterways
Recommendation
All That You Wanted to Know About She’s All That
NFL Star Ray Lewis' Son Ray Lewis III Dead at 28
Pete Davidson Charged With Reckless Driving for Crashing Into Beverly Hills House
U.S. Emissions Dropped in 2019: Here’s Why in 6 Charts
Nearly half of US teens are online ‘constantly,’ Pew report finds
Abortion pills should be easier to get. That doesn't mean that they will be
Meta's Mark Zuckerberg says Threads has passed 100 million signups in 5 days
Crack in North Carolina roller coaster was seen about six to 10 days before the ride was shut down