A federal judge disregarded the Supreme Court’s ruling on presidential immunity and denied Trump’s request to transfer Alvin Bragg’s “hush money” case to federal court.
Last week, President Trump’s lawyers petitioned a federal court to step in on Alvin Bragg’s “hush money” case in light of the Supreme Court’s ruling on presidential immunity.
In July, the Supreme Court ruled 6-3 that Trump has absolute immunity regarding his core Constitutional powers.
The so-called evidence Alvin Bragg used to indict Trump included acts during his time as president.
For instance, Alvin Bragg claimed that Trump invited National Inquirer CEO David Pecker to the White House in 2017 to thank him for withholding damaging tabloid stories during the 2016 election.
However, Judge Alvin Hellerstein, a Clinton appointee, denied Trump’s request to move the case, stating that “nothing” in the Supreme Court’s ruling impacted his earlier decision that Trump’s payments are considered unofficial acts.
“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,” Judge Hellerstein wrote in his decision Tuesday.
“Private schemes with private actors, unconnected to any statutory or constitutional authority or function of the executive, are considered unofficial acts,” Hellerstein wrote.
As reported by CNN:
A federal judge Tuesday denied Donald Trump’s request to move the New York hush money case to federal court, finding there is nothing in the Supreme Court’s presidential immunity ruling that alters his view of the fact that the payments were “private, unofficial acts.”
Last week, the former president’s attorneys sought to move the state case to federal court, an effort they previously lost, citing the Supreme Court’s decision this summer that granted immunity for some of Trump’s conduct that fell within his official powers. They also urged the judge to postpone Trump’s sentencing, currently set for September 18.
Judge Alvin Hellerstein rejected the long shot bid, saying no facts have changed since he rejected Trump’s attempt to move the case last year. At the time, the judge found that Trump’s reimbursement to Michael Cohen, who facilitated hush money payments to adult film actress Stormy Daniels, were not official acts he took as president.
Earlier this year, Trump was convicted on all 34 felony counts related to accusations of making “hush payments” to porn star Stormy Daniels, also known as Stephanie Clifford, through his then-attorney Michael Cohen. The payments were allegedly part of a scheme to silence her and prevent the National Enquirer from publishing details about their alleged affair.
Manhattan District Attorney Alvin Bragg alleged Trump committed fraud because the payment was labeled “legal fees.”
Adding to the controversy, the hush money case has been assigned to Judge Juan Merchan, who is seen as having a far-left bias and a potential conflict of interest.
President Trump’s lawyers repeatedly demanded Merchan recuse himself over conflicts of interest involving his daughter Loren Merchan.
Loren Merchan’s political firm earned tens of millions of dollars from her father’s case against Trump.
Last month, Judge Merchan rejected a recusal request for the third time in Trump’s “hush money” case.
Trump’s sentencing in the New York case is scheduled for September 18.
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