NEW YORK—Attorneys representing former President Donald Trump in his hush money trial in Manhattan have filed for an administrative stay before the U.S. Second Circuit Court of Appeals in a bid to halt proceedings, potentially indefinitely. This appeal comes days after New York Supreme Court Justice Juan Merchan granted a motion for adjournment in the sentencing hearing until after the 2024 presidential election and a federal judge denied a removal request.
Donald Trump was convicted by a jury in May of 34 felony counts of falsifying business records in a conspiracy to prevent AVN Hall of Famer Stormy Daniels from speaking on the record about an affair the two had at a celebrity golf tournament at Lake Tahoe in 2006. Prosecutors led by Manhattan District Attorney Alvin Bragg were able to convince jurors that Trump had a leading role in the conspiracy and made efforts to commit fraud to cover it up to sway the 2016 election.
Last week, U.S. District Judge Alvin Hellerstein of the Southern District of New York denied a motion by Trump's lawyers to remove the case from the New York court system and transfer it to a federal venue. Trump's lawyers alleged bias in the court and that Merchan didn't adequately review the presidential immunity issue raised throughout the case, due to the U.S. Supreme Court's historic ruling that significantly expanded presidential immunity to cover virtually all "official acts" from any prosecution.
Hellerstein found these claims fell short, as they have in prior attempts. Hellerstein has already ruled against motions to remove the case from Merchan's state court on grounds that there is bias against the former president. The federal courts didn't buy this, nor did Merchan buy claims to recuse himself at any point in the trial.
Hellerstein wrote, "Because Mr. Trump had not shown good cause ... the case remains in the New York State Supreme Court."
Since Trump has the right to appeal the decision of Hellerstein's federal court, his attorneys—Emil Bove and Todd Blanche—have requested to the Second Circuit an administrative stay that would temporarily block the proceedings, including sentencing.
Bove and Blanche argue, "Because of the significance of the presidential immunity doctrine, the federal government and the public share an interest in that outcome—even if these novel and complex issues are to be addressed after the 2024 presidential election."
Trump continues to protract the Manhattan case, even after jurors found him guilty. He is empowered by the amended presidential immunity doctrine because the prosecutors in the hush money case relied on evidence and testimony from Trump and Trump White House staffers that could fall squarely into the definition of an "official act." However, sentiment among prosecutors and legal observers alike is that Trump paid off Daniels in his personal capacity, and thus it was not an official act.
AVN has reported on Trump's hush money trial extensively. Read more coverage here.
