Current:Home > MarketsTrump abandons his bid to move his New York hush-money criminal case from state to federal court -TradeBridge
Trump abandons his bid to move his New York hush-money criminal case from state to federal court
SafeX Pro View
Date:2025-04-10 06:27:18
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! (81542)
Related
- Residents worried after ceiling cracks appear following reroofing works at Jalan Tenaga HDB blocks
- What Donald Trump's latest indictment means for him — and for 2024
- This is America's most common text-messaging scam, FTC says
- Cornell suspends frat parties after reports of drugged drinks and sexual assault
- From family road trips to travel woes: Americans are navigating skyrocketing holiday costs
- Wimbledon will allow women to wear colored undershorts, in nod to period concerns
- Pruitt’s Anti-Climate Agenda Is Facing New Challenge From Science Advisers
- Tesla's charging network will welcome electric vehicles by GM
- How to watch the 'Blue Bloods' Season 14 finale: Final episode premiere date, cast
- Inside a Michigan clinic, patients talk about abortion — and a looming statewide vote
Ranking
- This was the average Social Security benefit in 2004, and here's what it is now
- Temptation Island Is Back With Big Twists: Meet the Season 5 Couples and Singles
- FDA gives safety nod to 'no kill' meat, bringing it closer to sale in the U.S.
- George Santos files appeal to keep names of those who helped post $500,000 bond sealed
- Chuck Scarborough signs off: Hoda Kotb, Al Roker tribute legendary New York anchor
- Dangerous Contaminants Found in Creek Near Gas Wastewater Disposal Site
- Aide Walt Nauta also indicted in documents case against Trump
- Dying to catch a Beyoncé or Taylor Swift show? Some fans are traveling overseas — and saving money
Recommendation
Former longtime South Carolina congressman John Spratt dies at 82
Arctic Methane Leaks Go Undetected Because Equipment Can’t Handle the Cold
Aide Walt Nauta also indicted in documents case against Trump
The Fate of Vanderpump Rules and More Bravo Series Revealed
EU countries double down on a halt to Syrian asylum claims but will not yet send people back
UN Climate Summit: Small Countries Step Up While Major Emitters Are Silent, and a Teen Takes World Leaders to Task
Kroy Biermann Seeking Sole Legal and Physical Custody of His and Kim Zolciak's Kids Amid Divorce
Cornell suspends frat parties after reports of drugged drinks and sexual assault