Posted on 09/04/2024 9:06:50 AM PDT by libstripper
federal judge ruled Tuesday that former President Trump may not request to move his hush money criminal case to federal court after failing to show “good cause,” meaning the case will remain in New York state court.
U.S. District Judge Alvin Hellerstein said in a four-page order that the two reasons Trump offered as to why his case should be removed — that New York courts were biased against him and that his trial judge did not adequately review the issue of presidential immunity — fall short.
Hellerstein said that district courts do not have jurisdiction to consider alleged bias against Trump in New York state courts, contending that’s an issue for state appellate courts to consider. That means Trump’s second argument, on presidential immunity, is the only one that “deserves attention,” he said. On that matter, Hellerstein previously ruled that “hush money paid to an adult film star is not related to a President’s official acts.”
“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,” the judge said Tuesday.
Hours later, Trump began appealing the decision to the 2nd U.S. Circuit Court of Appeals.
(Excerpt) Read more at msn.com ...
The Sh*tocrats are going to put him in prison. They can’t help themselves
If that happens I’d wager some might find themselves in a spate of bad luck and wonder what happened.
Need we ask who selected and who appointed (er, annointed ) Hellerstein to the federal bench?
I thought Alvin Hellerstein died. He was ancient when I had a case before him like 8 years ago.
And the crime was?
He is 90 years old.
Clinton appointee.
I guess obviously being a kangaroo court is not "good cause" in New York.
Hellerstein was nominated by President Bill Clinton to be a United States district judge
Appointed by Bill Clinton. Only thing you need to know.
Of course he is a corrupt/idiot.
He’s obviously clinging to the post so he can carry out targeted hits like this.
Bet he doesn’t have a trial court schedule worth printing.
The “Judge” was appointed by Juanita Broderick’s rapist Bill Clinton. Enough said.
....I agree....all this is according to The Machine’s plans....put him in prison, then shout “How can you vote for a convicted felon...??!!”....sentencing is Sept 18th if I recall....waiting with bated breath.....
“”President Trump may not request””
Of course, President Trump CAN REQUEST....anyone can REQUEST anything!!!!
Wake up before you take the bench, judge..need more coffee?
“I held in my Order and Opinion of July 19, 2023 (ECF No. 43) that "[h]ush money paid toan adult film star is not related to a President's official acts. It does not reflect in any way the color of the President's official duties." Id. at 13. My holding followed an evidentiary hearing where The People showed conclusively that Mr. Trump reimbursed Michael Cohen for advancing the hush money payments, including two checks signed in the White House by Mr. Trump. I held that Mr. Trump had not satisfied the burden of proof required to show the basis of removal. My holding of a hush money reimbursement remains true regardless of who has the burden, whether the People or Mr. Trump. 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.”
The corruption in our State and Federal courts is mind numbing. The article then said Trump Appealed to 2nd District, is he appealing moving the case out of State Court?
Now I read Trump's team will file an interlocutory appeal on 16 Sept to stop sentencing on 18 September. I need a lawyer to explain all of this. It appears to be an attempt to delay the inevitable sentence by the corrupt NYC judge.
If eventually this all gets trashed on appeal, can Trump come back and sue the Prosecutor and Judge if it is determined this was a malicious political prosecution that the judge should have shutdown from the get go?
And NDA paid to a blackmailer to stop them from speaking is also not illegal, and was NOT the crime that he was charged with, so the judge’s ruling is completely stupid.
The “crime” he was charged with was writing inaccurate memos on his checks, and writing the description of payments matching the invoices in his ledger.
The “second” crime which made the 1st crime a felony was his conspiracy to illegally influence an election — to which the prosecution provided as evidence discussions Trump had with official white house advisors, something that CLEARLY was protected as part of the President’s functions.
Even the judge and prosecutor have noted that, the request for moving the trial cited that, and the judge completely ignored it, and did not even give a reason for ignoring it.
From page 44 of the SCOTUS decision:
“Questions about whether the President may be held liable for particular actions, consistent with the separation of
powers, must be addressed at the outset of a proceeding.
Even if the President were ultimately not found liable for
certain official actions, the possibility of an extended proceeding alone may render him “unduly cautious in the discharge of his official duties.”
Thus, the President gets an interlocutory appeal from any adverse decision on an immunity claim.
Where under New York’s Criminal Procedure Law does it state that the defendant “gets an interlocutory appeal from any adverse decision on an immunity claim”?
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