Judge refuses request to have Alvin Bragg's case against Trump moved to federal court

By 
 July 22, 2023

Controversy erupted earlier this year when President Donald Trump was indicted by Manhattan District Attorney Alvin Bragg over an alleged payoff to adult film star Stormy Daniels.

Although Trump's attorneys sought to have the case sent to federal court, a judge has made clear that won't be happening. 

Judge says Trump's motion fails on two counts

As the Washington Examiner reported, U.S. District Judge Alvin K. Hellerstein argued in a ruling on Wednesday that the former president's request failed on two counts.

"Trump has failed to show that the conduct charged by the Indictment is for or relating to any act performed by or for the President under color of the official acts of a President," Hellerstein wrote.

"Trump also has failed to show that he has a colorable federal defense to the Indictment," the Clinton appointee went on to insist.

"Hush money paid to an 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," Hellerstein declared.

Left-wing legal commentator calls decision "a total loss"

"No case supports Trump’s argument; none has been cited and none has been found," Hellerstein wrote as he drew to a close.

"Trump is not immune from the People’s prosecution in New York Supreme Court. His argument of immunity is not a colorable defense," the judge concluded.

In an op-ed piece for the website Above The Law, left-wing legal commentator Liz Dye called Hellerstein's decision "a total loss on each and every point."

"But it’s worse than that, because Judge Hellerstein took a sledgehammer to Trump’s claims that Michael Cohen was actually doing work for Trump in 2017, as Trump’s lawyers suggested in their notice of removal," she insisted.

House speaker: "This is not equal justice"

According to Fox News, Hellerstein's ruling came a day after Trump announced he had received a letter from Special Counsel Jack Smith that he is a target of the special grand jury tasked with examining the January 6 riot on Capitol Hill.

That revelation brought a furious reaction from many Republicans, including House Speaker Kevin McCarthy, who tweeted, "President Trump just increased his lead in the polls."

"So what does the Biden Administration do next? Weaponize government to go after President Biden’s number one opponent," McCarthy complained.

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