Trump immediately moves to appeal after federal judge leaves hush-money case alone
Earlier on Tuesday, attorneys representing the former president filed their notice of appeal, despite a federal judge blocking the former president’s request to have his hush-money case removed from New York state court for the second time. The notice that Todd Blanche and Emil Bove filed to challenge Senior U.S. District Judge Alvin Hellerstein’s denial read, “Notice is hereby given that President Donald J. Trump, the above-captioned defendant, appeals to the United States Court of Appeals for the Second Circuit.”
The defense filed its removal notice last Thursday in an attempt to revoke the Sept. 18 sentencing date, overturn the 34 guilty verdicts that Trump received for falsifying business documents, and maybe pave the way for the state prosecution to be dropped in federal court. The defense contended that the “evidence of local hostilities” necessitated the use of a federal court as a “unbiased forum” to consider these important matters rather than a state judge who has given to Democrats.
However, the removal bid was not long in getting off to a rough start as Hellerstein last Friday called the notice “deficient,” citing a number of technical concerns including the fact that it was not submitted with the court’s consent. Due to this, the defense was obliged to resubmit its paperwork and request the court’s permission on Tuesday. Even though the file was submitted correctly the second time, the judge expeditiously handled it that same day. In her opinion, those matters are better left to the U.S. Supreme Court or the New York state appeal courts. “This Court does not have jurisdiction to hear Mr. Trump’s arguments concerning the propriety of the New York trial,” Hellerstein said.
“My prior conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority is unaffected by the Supreme Court’s decision in Trump v. United States,” the judge stated, adding that Trump had not provided “good cause” to have the case transferred to federal court. Since then, Trump’s legal team has replied by filing an appeal with the U.S. Court of Appeals for the Second Circuit, the same court that will hear oral arguments in his case for
a new E. Jean Carroll trial.
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