New York — A federal judge is scheduled to hear arguments Wednesday after an appeals court ordered him to take a fresh look at President Donald Trump’s attempt to erase his office. Conviction of money silence.
In November, the 2nd U.S. Circuit Court of Appeals ordered U.S. District Judge Alvin K. Hellerstein To reconsider his decision To keep the case on State court Instead of taking it to federal court, where Trump could seek to have it dismissed on grounds of presidential immunity.
A three-judge panel ruled that Hellerstein erred by failing to consider “important relevant issues” Trump asked To move the New York case to federal court. They said they “express no opinion” on how he should be governed.
Trump, a Republican, is not expected to attend Wednesday’s arguments in federal court in New York City, which were preceded by lengthy written submissions from Trump’s lawyers and the Manhattan district attorney’s office, which investigated the case and wants it to remain in state court.
Hellerstein, who was nominated by Democratic President Bill Clinton, twice rejected Trump’s requests to move the case.
the first This was after Trump’s indictment in March 2023; The second followed Trump’s conviction in May 2024 and its aftermath US Supreme Court ruling That presidents and former presidents cannot be prosecuted for their official actions.
In the latest ruling, which was at issue in the 2nd Circuit decision, Hellerstein said Trump’s lawyers failed to meet the high burden of proof to change jurisdiction, and that Trump’s conviction for falsifying business records related to his personal life, not the formal actions that the Supreme Court ruled were immune from prosecution.
The Second Circuit panel said Hellerstein’s ruling, which reiterated his earlier denial, “did not consider whether some of the evidence admitted during the state court trial related to immune official acts, or, if so, whether evidentiary immunity transformed” the secret funds issue into an official acts issue.
The three justices said Hellerstein should closely review evidence that Trump’s allegations relate to official business.
The justices said that if Hellerstein finds that the prosecution relies on evidence of official actions, he must examine whether Trump can say those actions were taken as part of his duties in the White House, whether Trump “diligently sought” to move the case to federal court and whether it is even possible to move the case to federal court now that Trump has been convicted and sentenced in state court.
It was Trump He was convicted in May 2024 of 34 felony counts By falsifying business records to conceal hush money payments to an adult film actor Stormy Danielswhose allegations of an affair with Trump threatened to upend his relationship 2016 presidential campaign. He was sentenced to unconditional release, leaving his conviction intact but avoiding any punishment.
Trump denied Daniels’ claim and said he did nothing wrong. He asked the state Court of Appeals to overturn the conviction.