Donald Trump loses bid to have ‘hush money’ case heard by feds
Former President Donald Trump has lost his bid to have the Manhattan District Attorney’s “hush money” case against him heard in federal court, according to a ruling from Wednesday
Trump, 77, had been seeking to shift DA Alvin Bragg’s fraud case from state to federal court, arguing it “involves important federal questions.”
But Manhattan federal Judge Alvin Hellerstein ruled the case should be heard in state court, finding that Trump was not acting in his capacity as president when the alleged crimes occurred.
“Trump has failed to show that the conduct charged by the indictment is for or relating to any act performed by or for the president,” Hellerstein’s decision reads.
The former president is charged with 34 felony counts of falsifying business records to allegedly hide a catch-and-kill payment made to former porn star Stormy Daniels to keep her quiet about her claims the two had an affair while he was already married to Melania Trump.
Bragg’s office had argued that the case should be tried in state court, claiming that Trump doesn’t have the right to invoke a statute reserved for federal government officials since he wasn’t acting as president when the alleged crimes occurred.
“We are very pleased with the federal court’s decision and look forward to proceeding in New York State Supreme Court,” a spokesperson with Bragg’s office said.
Hellerstein at a hearing last month sided with Bragg’s office, saying: “There is no reason to believe that an equal measure of justice couldn’t be rendered by the state court.”
Judge Juan Merchan, who is overseeing the case in Manhattan Supreme Court, has set a trial date for March 25, 2024 — which is in the middle of the 2024 presidential election campaign season, in which Trump is the frontrunner for the Republican nomination.
Trump has pleaded not guilty.
He also faces a federal federal indictment in Florida for allegedly keeping classified documents related to national security at his Mar-a-Lago estate after he left office.
The embattled 45th president could also soon face conspiracy charges for his actions on and before Jan. 6, 2021 that allegedly contributed to the riot at the US Capitol.
Trump said his lawyers received a letter Sunday from special counsel Jack Smith notifying them that he’s a target of grand jury probe into the storming of the Capitol.
Trump lawyer Todd Blanche declined to comment Wednesday.