Former President Donald Trump is trying to get his indictment in New York State removed to federal court, a move that would complicate Manhattan District Attorney Alvin Bragg's case.
But during arguments on Tuesday, Senior Federal District Judge Alvin Hellerstein appeared skeptical of the former president's argument, according to Matthew Russell Lee of Inner City Press.
Bragg is charging Trump with dozens of counts of felony business fraud, stemming from his alleged $130,000 hush payment to adult film star Stormy Daniels to bury a story about their affair ahead of the 2016 election. Accounting fraud is only a felony in New York State if it was committed in service of concealing another, underlying crime — and though Bragg has not directly revealed what underlying crime he is alleging, legal experts have theories.
"I've read the papers. I've taken evidence. I've heard oral argument. I intend to write and issue a decision within two weeks. But my present attitudes are, on if the President is an officer who can remove, I decline that issue," said Hellerstein. "But it seems the President has to be viewed as an official who can remove. But I need not involve myself in that. But the act for which he has been indicted does not relate to anything about his office. This is about a hush payment."
Trump's legal team has argued that because the hush payment, brokered through Trump's former attorney Michael Cohen, is being treated in some respects as a federal campaign finance matter, it should be heard in federal court instead. But that argument doesn't fly, said Hellerstein.
"There's no evidence that Cohen did any work for the money, beyond the hush payment," said Hellerstein. "There is no link to any official act of the President. I find that there is no colorable Federal defense raised in defendant's notice of removal."
A formal ruling on the issue is expected in the coming weeks.
