A federal judge did not appear inclined to move a New York state case against Donald Trump to federal court, suggesting Tuesday that the prosecution stemming from hush money payments had little to do with his conduct while president.
Trump’s attorneys sought to move the Stormy Daniels case to federal court, with the team arguing he was acting in his capacity as president while making payments to his then-fixer Michael Cohen to reimburse him for making hush money payments to the adult film actress.
Federal District Court Judge Alvin Hellerstein told a packed courtroom that he was not ready to make a “firm ruling” but saw “no relationship to any official act of the president” in the alleged conduct that eventually led Trump to become the first former president ever charged with a crime.
“There’s no reason to believe that an equal measure of justice could not be rendered by the state court,” Hellerstein added. He said his remarks reflected his “present attitudes,” and a formal written ruling will follow within two weeks.
If the case is moved to federal court — a request that is rarely granted — Trump’s lawyers could try to get the charges dismissed on the grounds that federal officials are immune from criminal prosecution over actions they take as part of their official job duties.
Manhattan District Attorney Alvin Bragg (D) charged Trump with falsifying business records in connection with the payments, which were classified as legal expenses rather than reimbursement for hush money payments. Such conduct is typically a misdemeanor but can be elevated to a felony if connected to another crime.
Trump’s lawyers have said those payments to Cohen were legitimate legal expenses and not part of any cover-up.
Trump has been charged on 34 counts and is expected to face trial in March of next year.
The Associated Press contributed.