President Trump’s legal team filed an appeal on Monday seeking to transfer the hush money case, in which he was convicted in New York state court, to federal court. The appeal comes after U.S. District Judge Alvin Hellerstein rejected the request in September, and Trump’s lawyers are now turning to the Manhattan-based 2nd U.S. Circuit Court of Appeals.
His attorneys argue that the state charges violate the U.S. Constitution by infringing upon presidential authority. They cite the U.S. Supreme Court’s July ruling, which stated that former presidents cannot be prosecuted for official actions taken during their time in office. The move could potentially allow Trump to dismiss the case if he wins the 2024 presidential election.
The lawyers claim that evidence of Trump’s actions as president was improperly used during the trial and grand jury proceedings. “The use of official-acts evidence… violated the Constitution and threatens the ability of all future Presidents to fulfill that role,” attorneys Todd Blanche and Emil Bove wrote.
Under U.S. law, criminal cases involving federal officials can be moved to federal court if they are tied to official duties. Hellerstein previously ruled that the hush money case involved personal, private conduct rather than executive actions, a decision that Trump’s legal team is contesting. They argue that the Supreme Court’s ruling on presidential immunity should result in the case’s dismissal.
The Supreme Court’s decision, which arose from a separate case related to Trump’s efforts to overturn the 2020 election, prohibited the use of evidence tied to a president’s official duties in unrelated criminal matters. Trump’s team is leveraging this ruling in their push to move the case to federal court.
If the 2nd Circuit sides against Trump, he could appeal to the Supreme Court. The 2nd Circuit has not yet given a deadline for the Manhattan DA’s office to respond to Trump’s filing. Trump’s sentencing in the hush money case is set for November 26.
