Donald Trump lost his bid Tuesday to move to federal court Manhattan District Attorney Alvin Bragg’s case about Trump’s alleged hush money payment to porn star Stormy Daniels.
The latest legal blow to ex-president Trump came in a decision written by Manhattan Federal Judge Alvin Hellerstein.
Hellerstein found the conduct Bragg says violated New York criminal law — Trump’s alleged secret reimbursement to his ex-lawyer Michael Cohen for paying off Daniels before the 2016 election — was unrelated to Trump’s duties as commander-in-chief.
Trump argued among other things that the state indictment should be heard by a federal judge because the payments related to his work as president.
“The evidence overwhelmingly suggests that the matter was a purely a personal item of the President — a cover-up of an embarrassing event,” Hellerstein wrote.
“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.”
Hellerstein also didn’t buy the ex-president’s argument that his “decision to separate his personal business from his public duties” was “rooted in constitutional concerns.”
“Trump has not explained how hiring and making payments to a personal attorney to handle personal affairs carries out a constitutional duty. Reimbursing Cohen for advancing hush money to Stephanie Clifford cannot be considered the performance of a constitutional duty,” Hellerstein wrote.
Trump had also argued he was immune from state prosecution and that Bragg’s indictment against him concerned a violation of federal election laws, not state.
“Trump is not immune from the People’s prosecution in New York Supreme Court,” the judge wrote.
Had he succeeded, Trump could have fought in federal court to get the case dismissed on immunity grounds or received a pardon if he or one of his Republican allies assumed the presidency. The move also would have given him access to a broader jury pool than Manhattan.
In the case headed to trial in March — one of a growing list Trump faces ahead of the 2024 presidential election — the former president has pleaded not guilty to 34 felony counts of falsifying business records.
Each charge represents a check Trump gave Cohen in 2017 as payback for the hush money he gave Daniels. He maintains his innocence.
Bragg says Trump falsely designated the checks as payment for legal fees to hide that Cohen had violated campaign finance laws.
Lawyers for Trump and Bragg’s office did not immediately respond to requests seeking comment.
