Former President Donald Trump has filed a motion requesting the transfer of his New York hush money case to federal court, a move that could potentially overturn his conviction and delay his sentencing beyond the upcoming November presidential election.
The motion, filed on Thursday with the U.S. District Court for the Southern District of New York, argues that the Manhattan District Attorney’s Office violated the doctrine of Presidential immunity by relying on actions Trump took during his presidency.
Trump’s legal team cites a recent U.S. Supreme Court decision affirming that former presidents are immune from criminal prosecution for actions taken within the scope of their official duties.
The motion argues that the prosecution’s use of Trump’s official acts to build its case undermines the constitutional protections afforded to the presidency, warning of long-term harm to the federal government if the prosecution proceeds.
The motion also requests the recusal of New York County Supreme Court Justice Juan Merchan, who presided over Trump’s trial. Trump’s attorneys argue that Justice Merchan’s impartiality is compromised due to public statements made by his daughter in 2019, criticizing Trump’s use of Twitter during his presidency.
Additionally, they claim a conflict of interest, pointing to contributions Justice Merchan allegedly made to Democratic causes in 2020, and his daughter’s involvement in the presidential campaigns of Vice President Kamala Harris and President Joe Biden.
In March 2023, Trump was indicted on 34 felony counts of falsifying business records in the first degree, related to a $130,000 hush money payment made to adult film star Stormy Daniels during the 2016 presidential campaign. The indictment led to a conviction in May 2023, with prosecutors arguing that Trump falsified records to conceal the payment, aiming to influence the outcome of the election.
Trump’s legal team has filed a motion to dismiss the indictment and vacate the jury’s verdict, invoking the doctrine of Presidential immunity. This motion is currently under consideration by Justice Merchan, who postponed Trump’s sentencing to September 18, 2024, to review the immunity claim. Trump’s attorneys have since requested further postponement of sentencing until after the November election, arguing that proceeding before then would constitute election interference.
This is Trump’s second attempt to move the case from New York’s jurisdiction. In 2023, U.S. District Judge Alvin K. Hellerstein rejected a similar request, ruling that the hush money payments were not related to Trump’s official duties as president, stating, “Hush money paid to an adult film star is not related to a president’s official acts. It does not reflect in any way the color of the president’s official duties.”
The court’s decision on whether to move the case to federal court remains pending, with significant implications for both Trump’s legal strategy and the broader principle of Presidential immunity.
