A federal judge in Manhattan denied an effort by Donald J. Trump to move his already adjudicated state criminal case to the federal courts on Tuesday, rejecting his claims of presidential immunity and brushing aside his allegation of bias.
A state judge, Juan M. Merchan, has scheduled his sentencing for Sept. 18, though Mr. Trump has asked him to delay it until after the presidential election.
In a four-page decision on Tuesday, Judge Alvin K. Hellerstein of Federal District Court in Manhattan said he could not evaluate Mr. Trump’s claims of bias, saying those were issues for the state courts.
But he said that Mr. Trump’s claims that he should have immunity from criminal prosecution — based on a recent Supreme Court decision affirming such protection for “official acts” — were groundless.
The sentencing is scheduled for less than seven weeks before Election Day, during the final sprint in the race to become the 47th president, which pits Mr. Trump against Vice President Kamala Harris.
Thank you for your patience while we verify access.
If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.
Thank you for your patience while we verify access.
Already a subscriber?
Want all of The Times?
Donald J. attempted to have a federal judge in Manhattan reject it. On Tuesday, Trump will transfer his state criminal case that has already been decided to federal courts, denying his assertion of presidential immunity and ignoring his accusation of bias.
The former president was found guilty by a jury in late May on 34 felony counts of fabricating documents to conceal payments of hush money to Stormy Daniels, a porn star who had threatened to go public with her story of a one-night sexual encounter in 2006. His sentencing is set for September by state judge Juan M. Merchan. 18, despite Mr. Trump’s request that he postpone it until after the election for president.
On Tuesday, Judge Alvin K. issued a four-page ruling. Judge Hellerstein of the Federal District Court in Manhattan stated that state courts should handle matters pertaining to Mr. Trump’s allegations of bias, saying he was unable to assess them. Nevertheless, he dismissed Mr. Trump’s arguments that he ought to be exempt from prosecution for criminal offenses, citing a recent ruling by the Supreme Court upholding this kind of protection for “official acts.”.
He stated that “hush-money payments were outside the purview of executive authority; they were private, unofficial acts.”. “.
Judge Hellerstein’s denial is a setback in Mr. Trump’s ongoing attempts to avoid the ramifications of the May jury verdict in Manhattan, which could land the former president in prison for up to four years or on probation.
Less than seven weeks before Election Day, during the last stretch of the contest between Mr. Trump and Vice President Kamala Harris to become the 47th president, is when the sentencing is scheduled to take place.
We appreciate your patience as we confirm your access.
Subscribers already? Please log in.
Subscribe to get all of The Times.
