Trump Attempts to Move Appeal of Hush-Money Conviction to Federal Court

A three-judge panel of the US Court of Appeals for the Second Circuit heard President Donald Trump’s plea on Wednesday to move his New York hush money conviction appeal to federal court.

According to Trump’s attorneys, the state case featured evidence connected to his official presidential responsibilities, which they claimed should have been rejected in light of a recent Supreme Court ruling granting extensive criminal immunity for official presidential actions.

In May 2024, Trump was found guilty of lying regarding a hush-money payment to adult film actress Stormy Daniels, which he challenged.

Then, in July 2024, the US Supreme Court granted the president immunity for official actions. For Trump’s legal team, the objective of shifting to federal court is to get the conviction reversed on immunity grounds.

In September 2024, Trump’s attorneys pleaded for his New York case to be transferred to the federal courts, but US District Judge Alvin Hellerstein rejected that plea.

The 2nd US Circuit Court is now hearing the appeal of that decision. In a one-hour hearing before a three-judge panel, both sides presented their arguments.

Jeffrey Wall, the lawyer for President Trump, argued that “the appeal belongs in federal court because the Manhattan District Attorney’s Office opted to include evidence they claim relates to Trump’s official acts as president, including testimony from former White House Communications Director Hope Hicks.”

“Everything about this cries out for federal court,” Mr Wall told the three-judge panel. Meanwhile, the Manhattan District Attorney’s Office claimed Trump’s attorneys took too long to request that the case be transferred after his sentencing.

According to Steven Wu of the Manhattan District Attorney’s Office, “removal is no longer an option once sentenced. Even if technically possible, there are strong reasons not to allow it.”

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Before his most recent run for office, Trump was indicted in various criminal state and federal cases, but the New York case was the sole one to go to court prior to his becoming president.

Ten days before entering office in January, Trump was convicted in the hush money case. Although the conviction will stay on his record, he was given an unconditional discharge, that is, he was not punished with any fines, probation, or imprisonment.

Mr. Wu contended that Trump’s offense was finished before the White House evidence became available.

One judge advised Mr Wall that it would be very unusual for an appeal to be transferred to federal court.

Jeffrey Wall said that federal officials, including the president, should be entitled to a federal platform.

Mr. Wu now claimed that by waiting, Trump and his attorneys had forfeited their right to request a transfer; they should have acted more quickly after the Supreme Court ruled.

Reportedly, Wall replied that they were attempting to settle the case by presenting the immunity argument to trial judge Juan Merchan; therefore put off looking to transfer it to federal court.

The court stated it will continue to consider the arguments but declined to rule.