A federal judge on Wednesday questioned the timing of former President Donald Trump's request to move his criminal hush money case to federal court, stating that Trump waited "too long" after a 2024 Supreme Court decision on presidential immunity.
Background of the Case
Donald Trump was convicted on May 30, 2024, of 34 felony counts of falsifying business records related to a payment made to adult actress Stormy Daniels. On July 1, the U.S. Supreme Court ruled that Trump was entitled to presumptive immunity for acts related to his official duties.
Following this decision, Trump first sought to have the conviction vacated by trial judge New York State Supreme Court Justice Juan Merchan. Subsequently, he requested the case be moved to federal court to challenge the conviction there.
Judicial Proceedings Unfold
Trump's request to move the case to federal court was filed in late August, 58 days after the Supreme Court's ruling. This timeline extends beyond the customary 30-day grace period for such motions.
U.S. District Judge Alvin Hellerstein presided over a hearing regarding the request. He directly questioned the delay.
"It seems that you're waiting too long," Judge Hellerstein remarked. "You didn't have to go through a motion before Judge Merchan."
Trump's attorney, Jeff Wall, contended that it was "reasonable" to allow Judge Merchan to consider the matter initially, to avoid showing "disrespect" to the trial judge.
However, Judge Hellerstein appeared to dismiss this argument.
"Whether Judge Merchan would have been pleased or displeased is totally irrelevant," he stated. He also suggested, "You intended to litigate in state court. Only when you sensed disappointment did you revert to an effort to have a federal forum."
Judge's Procedural Concerns
Judge Hellerstein further raised significant concerns about the appropriateness of moving the case to federal court after a verdict, sentencing, and pending appeal in state court. He inquired whether a federal district court judge would have any meaningful role beyond simply certifying the state court's actions.
Wall conceded that if the case were moved, Judge Hellerstein's role would indeed be limited to adopting the state court judgment before the case proceeded to the 2nd U.S. Circuit Court of Appeals.
Judge Hellerstein indicated reluctance to simply adopt the state court's judgment.
Sentencing and Ongoing Appeals
Justice Juan Merchan sentenced Trump to an unconditional discharge, which notably did not include prison time, fines, or probation.
Prosecutors have consistently argued that the advanced stage of the case weighs heavily against transferring it to federal court. Trump is also pursuing a separate appeal through the state court system related to his conviction for orchestrating a scheme to influence the 2016 presidential election.