Trump drops bid to move N.Y. hush-money case to federal court

Former President Donald Trump has abandoned his prolonged effort to shift his New York hush-money criminal case to federal court. His legal team officially withdrew an appeal seeking jurisdiction in a Manhattan federal court, opting to proceed in a state court that Trump has criticized as “very unfair” to him.

The case, one of four criminal indictments against Trump, is scheduled for a state court trial on March 25, 2024, with the judge acknowledging the potential for changes due to Trump’s busy legal schedule.

Trump’s initial request to move the case to federal court, made in May, contended that certain actions in question were official duties carried out during his presidency. This included alleged activities in 2017, such as issuing checks while in the Oval Office. The appeal followed a ruling by U.S. District Judge Alvin K. Hellerstein, who deemed Trump’s argument insufficient to meet the legal criteria for a transfer to federal court, emphasizing that the hush-money case pertained to personal matters rather than presidential duties.

The withdrawal of the appeal came just before the deadline to submit arguments to the 2nd U.S. Circuit Court of Appeals, indicating that Trump cannot reconsider this decision. Trump’s lawyers, Gedalia Stern and Todd Blanche, did not provide comments, while the Manhattan district attorney’s office declined to respond.

In the state court proceedings, Trump faces 34 felony counts related to falsifying business records, stemming from payments made to his lawyer Michael Cohen, who facilitated hush-money payments to Stormy Daniels and Karen McDougal. Trump has pleaded not guilty, asserting that the payments were legitimate legal expenses and not part of any cover-up.

Remaining in state court carries implications for Trump, as federal court could have provided grounds for seeking dismissal based on officials’ immunity from prosecution for actions within their official duties. Moreover, the jury pool in state court is drawn from predominantly Democratic Manhattan, where Trump is unpopular, contrasting with the more politically diverse federal court.

The trial’s timing, scheduled amid the presidential primary season, poses a potential conflict with Trump’s federal election interference case in Washington, set to begin on March 4, 2024. Judge Juan Manuel Merchan, overseeing the hush-money case, has yet to decide on postponement, indicating a wait until a February pretrial hearing to assess any actual conflicts requiring a delay.