A federal appeals court on Thursday reinstated President Trump’s effort to dismiss his New York business records conviction, ruling that he can again seek to move the case from state court to federal court.
The Second Circuit Court of Appeals overturned a prior decision by a lower court judge, finding that the judge had “bypassed what we consider to be important issues bearing on the ultimate issue of good cause.” The three-judge panel did not weigh in on whether Trump’s conviction should ultimately be thrown out but ordered the lower court to revisit the matter.
“We leave it to the able and experienced District Judge to decide whether to solicit further briefing from the parties or hold a hearing to help it resolve these issues,” the ruling stated. The appeals court also instructed the judge to reassess Trump’s motion to file a second removal notice in light of the new opinion.
Trump’s attorneys previously sought to transfer the case to federal court, citing the U.S. Supreme Court’s presidential immunity ruling, which they argue could invalidate the Manhattan jury’s verdict. His legal team has also appealed separately to the New York Supreme Court’s Appellate Division, claiming the charges relied on a “convoluted legal theory” that should never have led to conviction.
