Federal judge denies request to move Trump hush money case to federal court

The former president's legal team asked that the case be moved to a federal court, instead of state court where it currently resides, because the prosecution allegedly violated Trump's constitutional rights.

Published: September 3, 2024 5:54pm

Updated: September 3, 2024 6:19pm

A federal judge in New York on Tuesday rejected former President Donald Trump's request to move his hush money case to a federal court, declaring that Trump's legal team did not satisfy the burden of proof required for the federal court to take the case.

U.S. District Judge Alvin Hellerstein made the ruling Tuesday evening, according to the Associated Press.

The former president's legal team has asked that the case be moved to a federal court, instead of state court where it currently resides, because the prosecution allegedly violated Trump's constitutional rights. 

A Manhattan jury convicted Trump in May on 34 felony charges related to the falsification of business records to hide a hush money payment he made to former porn star Stormy Daniels.

The ruling comes after prosecutors urged Judge Juan Merchan, who oversaw Trump's trial, not to delay his rulings on Trump's requests to postpone sentencing until after the Nov. 5 elections and bid to overturn the guilty verdict in the wake of the Supreme Court's presidential immunity ruling. 

Prosecutors said they were open to a sentencing timeline that allows Trump's legal team "adequate time" to file an appeal or other challenges, should Merchan uphold the verdict. 

Trump's lawyers have argued that sentencing the former president before the November presidential election would amount to "election interference." 

If Merchan upholds the verdict and sentences Trump, he could face up to four years in prison for falsifying business records. But as a first-time offender, he could face probation or a fine. 

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage. 

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