UNITED STATES: Donald Trump’s attempt to have the criminal prosecution involving hush money payments to a porn star kept in state court was further thwarted on Thursday when a US appeals court declined to intervene in favor of a lower court’s ruling to retain the case there.
Trump requested on August 29, over three months after being found guilty in the nation’s first-ever presidential criminal trial, that the case be transferred from New York state court in Manhattan to federal court on the grounds that the trial had violated his constitutional rights.
Trump entered a not guilty plea
As evidence of his official conduct as president was shown to the jury during the trial, Republican nominee for president, Donald Trump, stated that he would seek the federal court to dismiss the case entirely if it were relocated. He claimed that went against a significant ruling by the US Supreme Court, which established presidents’ extensive immunity from prosecution for official acts.
On September 3, Hellerstein turned down the request, stating that the case included “private, unofficial acts, outside the bounds of executive authority”. As it reviewed the merits of his case, Trump requested that the 2nd US Circuit Court of Appeals postpone that ruling.
Trump’s appeal was refused by a three-judge panel at the 2nd Circuit, which cited Justice Juan Merchan’s decision to move Trump’s sentencing date from September 18 to November 26. Merchan expressed his desire to prevent any erroneous belief that he had a political agenda in his writing.
Trump guilty on 34 counts of felony falsification
Merchan will now decide on November 12 whether to dismiss the case due to the Supreme Court’s immunity ruling. This decision resulted from a different criminal lawsuit that Trump is facing about his attempts to reverse his loss to Democratic President Joe Biden in the 2020 election. In that instance, Trump entered a not guilty plea.
On May 30, a jury in the New York state case found President Trump guilty on 34 counts of felony falsification of business records to conceal the $130,000 payment made by his former attorney, Michael Cohen, to adult film actress Stormy Daniels in exchange for her silence regarding an alleged sexual encounter with Trump prior to the 2016 election. Following his sentencing, Trump has promised to appeal his conviction despite his denials of having sex with Daniels.
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