On Tuesday, a federal judge shot down an effort by former President Donald Trump to have his criminal case in New York to a federal court before his sentencing which is scheduled for later on in September. The ruling was handed down by U.S. District Judge Alvin Hellerstein, who stated that he does not possess the authority to review any potential errors that were made during the state trial and the Supreme Court’s decision regarding presidential immunity, which did not have an impact on the New York case.
The former president was found guilty in May of 34 counts of allegedly falsifying business records related to a “hush money” payment to a former pornstar and is scheduled to receive his sentence on Sept. 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, went on to write in the ruling. “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.”
Here’s more on this from the Daily Wire:
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 remarked. “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.”
Steve Cheung, the spokesman for the Trump presidential campaign, revealed that he’s not ready to throw in the towel just yet and will keep on fighting to get the case moved.
“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 stated. “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.”
And, again, Judge Merchan has slapped the former president with a gag order placing strict limitations on what he is allowed to say concerning the case. Trump then got on Truth Social on Wednesday, calling for the order to be rescinded.
“I am proud to represent our Failing Nation in fighting the GREATEST POLITICAL WITCH HUNT IN HISTORY,” he said in the post. “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.
Our Constitution guarantees a person to have a fair trial. It’s pretty hard to do that when you are having charges tried in an area that is super liberal and no doubt hates Trump with a passion. Who is to say that those involved in the case as the jury didn’t call the former president guilty out a politically motivated hatred?
This is why it’s important that this case be moved somewhere more neutral, in order to ensure Trump’s constitutional rights are upheld.