The drama surrounding former President Donald Trump's legal battles continues to unfold, with the spotlight now on his upcoming sentencing hearing. Things have taken a fresh turn after a federal judge shot down Trump's latest bid to transfer his New York state case to federal court—a move that could potentially bring him one step closer to facing criminal sentencing.
To rewind a bit, Trump found himself in hot water back in May when a Manhattan jury convicted him on a whopping 34 felony counts of falsifying business records. The allegations centered around a scheme to influence the 2016 presidential election, and it's now up to New York State Supreme Court Justice Juan Merchan to determine Trump's fate. The hearing is scheduled for later this month, though Trump, ever the strategist, has requested to push it off until after this year’s election. However, that request has yet to see a ruling.
Now, here’s where things get even more interesting. U.S. District Judge Alvin Hellerstein, who had already dismissed an earlier attempt by Trump to move the case to federal court before his state trial, once again squashed a fresh effort by Trump's legal team. They made another play to shift the case to federal court ahead of the sentencing, citing claims of bias during the New York trial and a recent Supreme Court ruling on presidential immunity. The defense argued that this ruling should invalidate Trump’s convictions, as they claimed he was immune from prosecution due to his former position as president.
But, Hellerstein wasn’t having any of it. He outright rejected the notion of moving the case on the grounds of bias, emphasizing that federal courts simply don’t have jurisdiction over state matters. If Trump wanted to pursue that claim, it would have to be through a New York appeals court, not federal.
As for the immunity claim, Hellerstein didn’t mince words. He was clear that the actions leading to Trump’s convictions—namely, the hush money payments made to adult film star Stormy Daniels to keep an alleged affair under wraps during his presidential campaign—were far from the "official" acts required for immunity under the Supreme Court’s ruling. He pointed out that these payments were private, unofficial acts, completely outside the bounds of executive authority, and therefore didn't qualify for the protection Trump’s team was hoping to secure.
In his ruling, Hellerstein wrote, “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.” This clearly sent a strong message that the immunity argument was a non-starter.
Trump’s legal team, however, isn’t one to back down easily. Newsweek reached out to Trump’s lawyer, Todd Blanche, for a comment on Tuesday night, but it’s unclear what their next move will be. With the sentencing hearing fast approaching, all eyes are on whether Trump will attempt another appeal of Hellerstein’s ruling before that date.
Legal analyst Lisa Rubin, weighing in on the situation, noted that there might not be a straightforward path for Trump to appeal the latest decision. In a post to X (formerly Twitter), Rubin explained, “There is no right to appeal an order denying leave to file a removal notice.” Yet, she also speculated that Trump might still give it a shot, especially since "Hellerstein seems to have misconstrued his argument about immunity."
Trump’s team certainly made a bold claim when they filed their second removal notice with Hellerstein last week. They referred to the New York case as a "zombie" case—arguing that the Supreme Court’s immunity decision, despite only applying to sitting presidents conducting certain official acts, should be enough to dismiss the entire case. Their argument hinged on the fact that some evidence used in the trial dated back to Trump’s time in the White House, which, in their view, should invoke presidential immunity and, consequently, throw the case out.
But so far, those arguments haven’t gained traction in court, and the clock is ticking down to the sentencing hearing on September 18. Trump, no stranger to legal battles, finds himself in a position where the stakes are incredibly high. If Merchan does move forward with sentencing, it will mark a significant moment in the ongoing saga of legal challenges facing the former president.
The latest developments have added another layer of complexity to an already tangled legal web surrounding Trump. With the possibility of another appeal looming and the ever-present media frenzy, the coming weeks are sure to be critical not just for Trump, but for the broader political landscape. The outcome could have far-reaching implications, especially with the 2024 presidential election just around the corner.
In the end, Trump’s legal maneuvers—whether successful or not—underscore his ongoing strategy to fight back against the myriad of legal challenges he faces. It’s a battle that will undoubtedly continue to play out in courtrooms and headlines across the country. Whether this latest attempt to delay or derail his sentencing will pay off remains to be seen, but one thing is for sure: the saga is far from over.
So, as we approach the September 18 hearing, keep an eye on how these legal skirmishes evolve. Will Trump find a way to delay his day in court, or will this be the moment when the legal tide finally turns against him? Stay tuned—this is one political drama that’s not losing steam anytime soon.
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