Judge, rejecting Trump arguments, signals he’ll let New York criminal case stay in state court

Former President Donald Trump speaks during the Oakland County Republican Party’s Lincoln Day Dinner, Sunday, June 25, 2023, in Novi, Mich. AP Photo/Al Goldis

The hush money case against former President Donald Trump appears headed back to a New York court after a federal judge showed little inclination Tuesday to let Trump move the history-making prosecution to federal court.

Changing courts could give Trump a new avenue to try to get the case thrown out. Hoping to get to federal court, Trump’s lawyers argue that he was acting in his capacity as president when he hired and paid a personal attorney who orchestrated payouts to squelch allegations of extramarital sex — payouts that are at the heart of Manhattan prosecutors’ case against Trump.

After a three-hour hearing that featured surprise testimony from a Trump company insider, Judge Alvin K. 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 made Trump 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.

Lawyers for both sides declined to comment after the hearing.

Trump, a Republican, pleaded not guilty in April to state felony charges of falsifying business records to hide 2016 hush money payments to porn star Stormy Daniels and Playboy model Karen McDougal. Trump has denied having had sexual encounters with either woman.

According to the indictment, Trump fudged records at his company to cover up the nature of payments made in 2017 to his former lawyer, Michael Cohen, to compensate him for arranging to buy the women’s silence and fronting the money for Daniels.

Trump’s lawyers have said those payments to Cohen were…

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