A federal appeals court on Thursday allowed President Donald Trump to move forward with his effort to overturn his criminal conviction in the hush money case in New York City.
Trump is seeking to transfer the case from New York state court to federal court, arguing that a federal judge should dismiss the jury’s 34-count guilty verdict based on the Supreme Court’s recent ruling on presidential immunity, The Hill reported.
A three-judge panel on the U.S. Court of Appeals for the 2nd Circuit said it “cannot be confident” that the lower court properly weighed Trump’s arguments in his effort to transfer the case to federal court.
“The court bypassed what we consider to be important issues bearing on the ultimate issue of good cause,” the panel noted in its ruling.
“We leave it to the able and experienced District Judge to decide whether to solicit further briefing from the parties or hold a hearing to help it resolve these issues,” the panel added.
The panel included U.S. Circuit Judges Raymond Lohier and Susan Carney, both appointed by former President Obama, as well as U.S. Circuit Judge Myrna Pérez, who was appointed by former President Biden.
Trump was convicted last year on charges of falsifying business records related to payments intended to conceal an alleged affair with adult film actress Stormy Daniels before the 2016 presidential election.
“President Trump continues to win in his fight against Radical Democrat Lawfare,” a spokesperson for Trump’s legal team said in a statement. “The Supreme Court’s historic decision on Immunity, the Federal and New York State Constitutions, and other established legal precedent mandate that the Witch Hunt perpetrated by the Manhattan DA be immediately overturned and dismissed.”
“President Trump will keep defeating Democrat weaponization at every turn as he focuses on his singular mission to Make America Great Again,” the spokesperson added.
It’s been a rough few weeks for James as she battles her own personal court case.
The judge presiding over New York Attorney General Letitia James’ mortgage fraud case on Friday rejected a motion seeking to compel federal prosecutors to maintain a log of all their communications with the media.
Defense attorney Abbe Lowell had filed the request last week, following James’ arraignment on charges of bank fraud and making false statements. The motion cited a report alleging that U.S. Attorney Lindsey Halligan exchanged a series of encrypted Signal messages with a reporter regarding the case, the New York Post reported.
Walker further wrote that while Halligan’s Signal chat with Lawfare senior editor Anna Bower earlier this month was “unusual,” he nevertheless declined to offer an opinion “on whether they were improper in any sense, either legal or ethical.”
He went on to order federal prosecutors to follow all rules of the court but did not suggest that they had violated any so far.
He also ordered a “litigation hold preventing the deletion or destruction of any records or communications having to do with the investigation or prosecution of this case.”
Halligan’s Signal messages to the reporter were configured to automatically disappear after eight hours, The Post reported.
The judge did not address whether Halligan’s communications — which reportedly disputed a New York Times story revealing that James’ grandniece told a grand jury she had never paid rent on the Norfolk, Va., property at the center of the case — constituted material subject to discovery requirements.
In response to James’ motion, federal prosecutors requested that Judge Walker impose a gag order on the New York attorney general — a request he declined.
James pleaded not guilty last week to one count of bank fraud and one count of making a false statement to a financial institution.
According to the indictment, the longtime Trump adversary purchased a three-bedroom, one-bathroom home on Peronne Avenue in Norfolk on August 17, 2020, using a $109,600 loan that included a “second home rider” identifying her as the sole occupant. That designation allegedly allowed James to secure more favorable mortgage terms, saving her nearly $19,000.
However, prosecutors say the home “was not occupied or used” by James, but “was instead used as a rental investment property” to house her grandniece, Nakia Thompson.
If convicted on both counts, James faces up to 60 years in prison and a $2 million fine.
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