Posted on 11/07/2025 5:13:48 AM PST by where's_the_Outrage?
A federal appeals court on Thursday ordered a lower court to reconsider a decision to keep President Donald Trump's ongoing case to erase his hush money conviction in state court.
The three-judge panel of the Second Circuit Court of Appeals ruled that a federal judge failed to consider "important issues relevant" to Trump's request to move the New York case to federal court, where he can seek to have it thrown out on presidential immunity grounds.
Judges Susan L. Carney, Raymond J. Lohier Jr. and Myrna Pérez made their ruling after hearing arguments about the case in June.
Trump's legal team cited a Supreme Court ruling on presidential immunity.
"President Trump continues to win in his fight against Radical Democrat Lawfare," a spokesperson for Trump's legal team said in a statement. "The Supreme Court’s historic decision on Immunity, the Federal and New York State Constitutions, and other established legal precedent mandate that the Witch Hunt perpetrated by the Manhattan DA be immediately overturned and dismissed."
U.S. District Judge Alvin Hellerstein, an appointee of President Bill Clinton, had twice denied Trump's requests to move the case, once after his March 2023 indictment and another after Trump's May 2024 conviction.
The high court subsequently ruled that presidents and former presidents cannot be prosecuted for official acts. Trump pleaded not guilty to all 34 counts of falsifying business records in the first degree but was found guilty after an unprecedented six-week criminal trial in New York.
(Excerpt) Read more at foxnews.com ...
A feature of lawfare is that the process is the punishment. Even if the convictions are all overturned, Trump won’t get just compensation for all the wasted time and headache.
They used some of his protected speech as part of the prosecution. Can’t do that.
Yep. But it's more effective against those with very limited financial resources. The super rich can usually bear the burden of high attorney fees and bonds. Those who aren't rich are up against a wall unless they can find a conservative firm which will defend them pro bono, but even then they are strapped for any fees they have to pay. The left has almost unlimited taxpayer funds to use.
From this distance, it looked like the Trump defense team did not put up much of a fight in the trial. Was the judge limiting them?
Agreed. And to your point, the Dims who are now being investigated don’t have those personal resources like Trump does. Nor do they have presidential immunity. They are about to experience the pain for real crimes that they tried to make Trump experience through lawfare.
Yes. As I recall, the Trump team was not allowed to present evidence contradicting the prosecutions claims. The court completly ignored trial rules that require there to be injury to the plaintiff, or anybody.
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