Trump’s New York Criminal Case: Judge to Consider Transfer to Federal Court

On Tuesday, a U.S. judge is scheduled to hear arguments regarding President Donald Trump’s request to relocate his criminal case in New York from state court, where he was indicted, to a federal court. This move would potentially enable him to seek dismissal of the case.

Judge Alvin K. Hellerstein will carefully consider the arguments presented during the afternoon session; however, an immediate ruling is not expected.

Following Trump’s plea of not guilty in April, his legal team promptly sought to transfer the case to the federal court in Manhattan. The charges against Trump involve alleged falsification of his company’s business records to conceal hush money payments, which aimed to suppress claims of extramarital affairs.

In other news:

• A self-professed ‘Wolf of Airbnb’ pleads guilty to wire fraud for defrauding landlords.
• Writer’s lawyers refute Trump’s claim regarding a $5 million sex abuse-defamation jury award.
• Prosecutors are seeking a minimum of 25 years in prison for a gynecologist who abused dozens of women.
• The district attorney and ethics panel support the judge in the Donald Trump hush-money case, finding no evidence of bias.

It is rare for criminal cases to be moved from state to federal court, making Trump’s prosecution exceptional. His legal team argues that the charges, although related to his private company’s records, pertain to actions taken while he was president. According to U.S. law, criminal prosecutions can be transferred from state court if they involve actions carried out by federal government officials as part of their official duties.

The allegations against Trump involve the falsification of records to conceal payments made in 2017 to his former personal lawyer, Michael Cohen, as compensation for orchestrating payments to porn star Stormy Daniels and Playboy model Karen McDougal in 2016. Trump has consistently denied having affairs with either woman.

Trump’s lawyers maintain that the payments to Cohen were legitimate legal expenses and not part of a cover-up.

The Manhattan district attorney’s office, responsible for the case, argues that the payoffs to Cohen and the women had no connection to Trump’s official duties as president.

If the judge approves the transfer of the case to federal court, Trump’s legal team could then seek dismissal based on the argument that federal officials are immune from criminal prosecution for actions performed within their official job duties.

Moving the case to federal court would also mean that potential jurors could be drawn not only from Manhattan, where Trump lacks popularity, but also from several suburban counties north of the city, where he enjoys greater political support.

In state court, a criminal trial was scheduled for March 25, amidst the primary season leading up to the November presidential election next year.

Manhattan District Attorney Alvin Bragg pursued the case against Trump after he left office, making him the first former president ever charged with a crime.

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