Current:Home > InvestTrump abandons his bid to move his New York hush-money criminal case from state to federal court -DataFinance
Trump abandons his bid to move his New York hush-money criminal case from state to federal court
View
Date:2025-04-17 20:43:19
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! (6746)
Related
- North Carolina trustees approve Bill Belichick’s deal ahead of introductory news conference
- Biden didn’t make Israeli-Palestinian talks a priority. Arab leaders say region now paying the price
- A Tonga surgeon to lead WHO’s Western Pacific after previous director fired for racism, misconduct
- IRS offers tax relief, extensions to those affected by Israel-Hamas war
- Highlights from Trump’s interview with Time magazine
- Swedish security police arrests two suspected of unauthorized possession of secret information
- How China’s Belt and Road Initiative is changing after a decade of big projects and big debts
- Israel-Hamas war means one less overseas option for WNBA players with Russia already out
- US wholesale inflation accelerated in November in sign that some price pressures remain elevated
- Iranian film director Dariush Mehrjui and his wife stabbed to death in home, state media reports
Ranking
- Jamie Foxx reps say actor was hit in face by a glass at birthday dinner, needed stitches
- Kate Spade 24-Hour Flash Deal: Get This $400 Shoulder Bag for Just $112
- Aaron Rodgers made suggestions to Jets coaches during victory over Eagles, per report
- Dolly Parton will be Dallas Cowboys' Thanksgiving Day halftime performer
- What to watch: O Jolie night
- Los Angeles hit with verdict topping $13 million in death of man restrained by police officers
- Medical expert testifies restraint actions of Tacoma police killed Washington man
- Natalee Holloway Case: Suspect Expected to Share Details of Her Death 18 Years After Disappearance
Recommendation
Former Syrian official arrested in California who oversaw prison charged with torture
NASCAR rescinds Ryan Blaney Las Vegas disqualification; restores playoff driver's result
Suzanne Somers, star of 'Three's Company' and 'Step by Step,' dead at 76
Raiders 'dodged a big bullet' with QB Jimmy Garoppolo's back injury, Josh McDaniels says
What to watch: O Jolie night
Pan American Games set to open in Chile with many athletes eyeing spots at the Paris Olympics
Travis Kelce Has a Home Run Night Out With Brother Jason Kelce at Philadelphia Phillies Game
Horror as Israeli authorities show footage of Hamas atrocities: Reporter's Notebook