Credited from: BBC
President Donald Trump's legal team has presented arguments before the U.S. Court of Appeals for the Second Circuit, seeking to move his hush money conviction appeal from state to federal court. This appeal follows Trump's conviction on 34 counts of falsifying business records related to hush money payments made to adult film star Stormy Daniels, which were intended to silence her allegations of an extramarital affair ahead of the 2016 presidential election, according to ABC News and Los Angeles Times.
During the oral arguments, Trump’s attorney, Jeffrey Wall, contended that the prosecution improperly included evidence related to Trump’s official acts as president, making the case unsuitable for state court. Wall cited a recent ruling by the Supreme Court that established a broad criminal immunity for presidential actions, urging that because elements of the case involve his role as president, it should rightfully be heard in a federal forum. Wall stated, “The district attorney holds the keys in his hand. He doesn’t have to introduce this evidence,” according to BBC and The Hill.
The Manhattan District Attorney’s Office opposed the appeal, with appellate chief Steven Wu arguing that the request to shift to federal court was made too late, noting that procedural norms typically do not allow for such moves after sentencing. Wu asserted that the conduct being examined in Trump’s case predates his presidency; therefore, it should remain in the state court system. He claimed that “removal is no longer available” post-sentencing, emphasizing that this argument has been dismissed twice already, as reported by TRT Global and NPR.
Key points emerged during the hearing that highlighted the unique nature of the case, as one judge, Myrna Pérez, acknowledged the case's unprecedented implications concerning presidential immunity. The judges posed probing questions regarding the legitimacy of Trump’s claims and the broader impacts on future presidential accountability. Judge Pérez remarked, “It seems to me that we got a very big case that created a whole new world of presidential immunity,” which reflects the case's significance, according to The Hill and Los Angeles Times.
As the court deliberates on the matter, a ruling is expected in the coming weeks, which could have substantial ramifications not only for Trump but also for the judicial treatment of former presidents and their actions while in office, according to The Hill and Los Angeles Times.