A federal judge on Tuesday denied an effort by former President Donald Trump to move his New York criminal case to federal court ahead of sentencing later this month.
In his ruling, U.S. District Judge Alvin Hellerstein said that he had no authority to review any errors made during the state trial and that the Supreme Court’s recent decision on presidential immunity did not impact the New York case. Trump was convicted in May of 34 counts of falsifying business records and is scheduled to be sentenced on September 18.
“This court does not have jurisdiction to hear Mr. Trump’s arguments concerning the propriety of the New York trial,” Hellerstein, a Bill Clinton appointee, wrote. “Instead, the proper recourse for parties seeking to remedy alleged errors made during a state trial is to pursue a state appeal or, at the highest level, to seek review from the Supreme Court of the United States.”
The decision comes after lawyers for Trump argued last week the case should be removed from Judge Juan Merchan as Trump seeks dismissal based on the Supreme Court’s recent ruling that presidents have immunity for exercising core constitutional powers.
Hellerstein, who previously rejected an attempt to remove the case, said the Supreme Court’s decision doesn’t change his decision.
“My holding of a hush money reimbursement remains true regardless of who has the burden, whether the People or Mr. Trump,” he said. “Nothing in the Supreme Court’s opinion affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority.”
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Trump campaign spokesman Steven Cheung said he would continue fighting to move the case.
“There should be no sentencing in this Election Interference Witch Hunt. As mandated by the United States Supreme Court, this case, along with all of the other Harris-Biden Hoaxes, should be dismissed,” he said. “President Trump and his legal team will continue to fight to move this Hoax into federal court where it should be put out of its misery once and for all.”
Merchan has placed a gag order on Trump restricting what he can say about the case. In a Truth Social post Wednesday morning, Trump called for the order to be removed.
“I am proud to represent our Failing Nation in fighting the GREATEST POLITICAL WITCH HUNT IN HISTORY,” he said. “REMOVE THE GAG ORDER SO THAT I CAN SHOW HOW CORRUPT OUR COURT SYSTEM IS. PRESIDENTIAL CANDIDATES ARE NOT TO BE GAGGED!”
Trump could face four years in prison and a $5,000 fine for each of the 34 convictions when sentenced. Merchan is set to rule on another motion to dismiss the conviction on September 16.
