Trump asks for another chance to move hush money case to federal court
CNN
Lawyers for Donald Trump asked a federal appeals court to give them a second chance to argue that the former president’s New York state hush money case should be moved into federal court.
Lawyers for Donald Trump asked a federal appeals court to give them a second chance to argue that the former president’s New York state hush money case should be moved into federal court. “On September 3, the district court issued a conclusory summary remand order that misapplied binding precedent and statutory removal procedure, ignored key evidence supporting the Second Removal Notice, and misapprehended the obligation of federal courts to provide an unbiased federal forum for fair litigation of federal defenses pursuant to the federal-officer removal statute,” Trump’s latest court filing says. They’re appealing the ruling last month from US District Court Judge Alvin Hellerstein, who rejected Trump’s request to make a new argument to move the case following the Supreme Court’s ruling this summer on presidential immunity. Hellerstein ruled Trump didn’t show “good cause” for why he should reconsider his 2023 ruling, writing, “Nothing in the Supreme Court’s opinion affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority.” Trump’s lawyers say Hellerstein improperly determined the Supreme Court’s presidential immunity decision has no effect on the former president’s hush money case. “The district court ignored the significance and key features of Trump v. United States and proceeded to a merits analysis of the Presidential immunity defense, which was wholly improper in the context of threshold removal proceedings and ended with the entirely incorrect assertion that ‘[n]othing’ in the Supreme Court’s post-trial decision impacted the district court’s prior remand ruling.” They’re asking the appeals court to order Hellerstein to hear their arguments for why the case should be moved to federal court.
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