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Judge Denies Trump Request to Move Hush-Money Case to Federal Court

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Donald Trump in a courtroom hallway.
In late May, a jury convicted Donald J. Trump on 34 felony counts of falsifying records to cover up a sex scandal.Credit…Todd Heisler/The New York Times

Judge Alvin Hellerstein said the Supreme Court’s finding that presidents enjoy immunity does not apply in the hush-money case in which Donald Trump was already convicted.

By Jesse McKinley

Jesse McKinley covered the criminal trial of Donald J. Trump earlier this year, from opening statements to guilty verdicts.

A federal judge in Manhattan denied an effort by Donald J. Trump to move his already adjudicated state criminal case to the federal courts on Tuesday, rejecting his claims of presidential immunity and brushing aside his allegation of bias.

In late May, a jury convicted the former president on 34 felony counts of falsifying records to cover up hush-money payments to a porn star, Stormy Daniels, who had threatened to go public with her account of a one-night sexual encounter in 2006. A state judge, Juan M. Merchan, has scheduled his sentencing for Sept. 18, though Mr. Trump has asked him to delay it until after the presidential election.

In a four-page decision on Tuesday, Judge Alvin K. Hellerstein of Federal District Court in Manhattan said he could not evaluate Mr. Trump’s claims of bias, saying those were issues for the state courts. But he said that Mr. Trump’s claims that he should have immunity from criminal prosecution — based on a recent Supreme Court decision affirming such protection for “official acts” — were groundless.

He noted that “hush-money payments were private, unofficial acts, outside the bounds of executive authority.”

The denial by Judge Hellerstein is a loss in Mr. Trump’s persistent efforts to escape the consequences of the verdict that a Manhattan jury handed down in May, which could result in a sentence of probation or up to four years in prison for the former president.

The sentencing is scheduled for less than seven weeks before Election Day, during the final sprint in the race to become the 47th president, which pits Mr. Trump against Vice President Kamala Harris.


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