Trump Loses Effort To Move Hush Money Case From New York To Federal Court

Topline

Federal Judge Alvin K. Hellerstein denied former President Donald Trump’s request to move his Manhattan criminal case from state to federal court, giving Trump another setback as he grapples with a growing list of criminal cases.

Former President Donald Trump sits at the defense table with his legal team in a Manhattan court, … [+] April 4, 2023, in New York. A federal judge has rejected Donald Trump’s bid to move his hush-money criminal case from New York state court to federal court. (AP Photo/Seth Wenig, Pool, File)

Key Facts

In an order issued Wednesday, Hellerstein said he didn’t buy the argument Trump’s attorneys were making that the alleged criminal activity—hush payments made to a porn star Trump allegedly had sex with—was related to his duties as president and therefore should be litigated in federal court.

Hellerstein wrote the “evidence overwhelmingly suggests” the matter was not central to his role as president, but rather “purely a personal item” and “a cover-up of an embarrassing event.”

The case is scheduled to go to trial in New York state court in March.

Key Background

Manhattan District Attorney Alvin L. Bragg indicted Trump on 34 felony charges in March. The charges are based on allegations he had paid hush money to a porn star he had sex with as well as a number of others who knew embarrassing secrets about him and then falsified business records to keep them secret. Trump’s fixer Michael Cohen allegedly paid $130,000 to porn star Stormy Daniels in the final days of Trump’s 2016 presidential campaign, and months later, when Trump was president, he allegedly reimbursed him and falsely classified the payments as legal expenses. In doing so, Bragg argues that he falsified business records, and did so in an effort to conceal another crime, which elevates the crime to a felony offense under state law. Bragg also cited other hush money payments Trump allegedly made to the owners of the National Enquirer, (the former publisher of which was a reportedly a long-time friend of Trump’s), which allegedly suppressed former Playboy model Karen McDougal’s allegations that she also had an affair with Trump, as well as a former Trump Tower doorman who allegedly had information about a child Trump fathered out of wedlock.

Crucial Quote

“Hush money paid to an adult film star is not related to a president’s official acts,” Hellerstein wrote in his order. “It does not reflect in any way the color of the president’s official duties.”

News Peg

Trump’s indictment in this case was the first time a sitting or former president had ever been criminally indicted for a felony. However, in the month since, Trump has received another indictment in Florida related to allegations that he maintained classified documents from his time as president after he left office and hid them from authorities attempting to retrieve them. Additionally, on Tuesday he said he received a letter from Justice Department Special Counsel Jack Smith informing him he is a “target” in an investigation into the events of January 6, 2021, when a mob of Trump supporters stormed the U.S. Capitol in an attempt to stop lawmakers from certifying Trump’s 2020 election loss.