Federal Judge Signals Doubt On Trump's Bid To Move Hush-Money Appeal
U.S. District Judge Alvin K. Hellerstein said Trump's lawyers "sought two bites at the apple" and pointed to a missed 30-day removal window.
Overview
U.S. District Judge Alvin K. Hellerstein said he was skeptical of President Donald Trump's bid to remove the appeal of his 34-count falsifying business records conviction to federal court and reserved decision after oral arguments.
The renewed removal effort follows the Supreme Court's July 2024 presidential immunity ruling and a Nov. 2024 2nd U.S. Circuit Court of Appeals order directing Hellerstein to reexamine his earlier denial of federal removal.
Jeffrey Wall, counsel for Trump, argued that evidence of official acts such as tweets and testimony from Hope Hicks creates a "colorable defense" for federal removal, while Steven Wu, an attorney for the Manhattan District Attorney's office, said the charges arise from private conduct and disputed that characterization.
The case stems from a May 30, 2024 jury verdict convicting Trump on 34 counts of falsifying business records related to hush-money payments, and Trump received an unconditional discharge in Jan. 2025, according to court records.
Hellerstein did not announce a ruling date, saying "I'm working all this out in my mind," leaving open potential appeals to the 2nd Circuit and ultimately the U.S. Supreme Court if federal removal is granted.
Analysis
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FAQ
Trump's lawyers argue that evidence of official acts, such as tweets and testimony from Hope Hicks, relates to presidential immunity per the Supreme Court's July 2024 ruling, justifying federal removal.
Judge Hellerstein said Trump's lawyers 'sought two bites at the apple' and missed the 30-day removal window after arraignment, with no good cause shown.
Judge Hellerstein reserved decision after oral arguments, stating he is 'working all this out in my mind,' with no ruling date announced.
The DA argues the charges involve wholly private conduct unrelated to official acts, Trump was too late for removal, and the case is at an advanced stage.
Trump received an unconditional discharge in January 2025, leaving the 34-count conviction intact but with no punishment like prison or fines.
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