Trump is asking appeals judges to move the hush money case to federal court

By Luc Cohen

NEW YORK (Reuters) – Donald Trump’s lawyers pushed on Monday to transfer to federal court the case in which he was convicted in a New York state court of covering up hush money to a porn star, with the possibility of ending the prosecution if he does regained the presidency.

His lawyers renewed the request in a brief filed with the 2nd U.S. Circuit Court of Appeals in Manhattan, appealing U.S. District Judge Alvin Hellerstein’s Sept. 3 ruling denying the transfer to federal court. Trump was convicted of 34 counts of document falsification in May.

In their brief, Trump’s lawyers pointed to the U.S. Supreme Court’s July 1 decision that the former president could not be prosecuted for official acts while in office. In the hush money case, jurors wrongly saw evidence of Trump’s actions as president, they said.

His lawyers said the state charges constituted an interference with the president’s authority under the U.S. Constitution.

Trump is the Republican candidate running against Democratic Vice President Kamala Harris in the November 5 election. If he wins, he could seek a pardon for a federal crime or have his new leadership at the Justice Department dismiss all criminal cases pending against him in federal court. State criminal charges are beyond the reach of the presidential pardon authority or the actions of the Justice Department.

Under U.S. law, civil or criminal cases against federal officials may be referred to federal court if they relate to the performance of their official duties.

Trump lawyers Todd Blanche and Emil Bove wrote that prosecutors’ “use of official evidence in grand jury proceedings and in court violates the Constitution and threatens the ability of all future presidents to fulfill that role.”

Trump was convicted by a jury in May of falsifying business records to cover up a $130,000 payment that his former lawyer Michael Cohen made to adult film actress Stormy Daniels for discussing a sexual encounter with him before the 2016 election Trump had remained silent a decade earlier. The case was filed by the office of Manhattan District Attorney Alvin Bragg, a Democrat.

Trump denies meeting Daniels. He has promised to appeal the verdict after the verdict is announced, scheduled for November 26.

The Supreme Court’s immunity ruling, which arose from an appeal related to federal criminal charges against Trump over his efforts to overturn his 2020 election loss to Democrat Joe Biden, said that evidence of a former president’s official actions cannot be used in criminal cases other than that personal behavior may be used.

Trump’s lawyers argued that the Supreme Court’s decision means the hush money case must be dismissed. Trump pleaded not guilty in the Manhattan case and in the federal election case.

Hellerstein rejected Trump’s request to move the hush money case to federal court, saying the proceedings involved “private, unofficial actions outside the bounds of executive authority.”

If the 2nd Circuit rules against Trump, it could ask the Supreme Court — whose 6-3 conservative majority includes three justices he nominated — to hear the matter.

A spokesman for Bragg’s office did not immediately respond to a request for comment. The 2nd Circuit did not set a deadline for Bragg’s office to respond to Trump’s order.

(Reporting by Luc Cohen in New York; Editing by Will Dunham and Christopher Cushing)