Trump can’t appeal New York conviction in federal court, judge rules again

A federal judge on Friday rejected President Trump’s latest bid to fight his criminal conviction outside of New York’s state courts, a strategy aimed at citing presidential immunity , under which Trump could potentially toss charges that stem from a 2016 hush money payment in the trash can.

U.S. District Judge Alvin Hellerstein has denied Trump’s attempts to move to federal court three times . An appeals panel had directed Hellerstein to take another look, saying he brushed aside the president’s arguments too easily.

Hellerstein on Friday reaffirmed that Trump was too late and that the verdict withstands presidential immunity anyway.

“The grounds for a second removal cited by Defendant, Donald J. Trump, are neither new nor legally sufficient. He has failed to show good cause and diligence,” the judge wrote .

Hellerstein is an appointee of former President Clinton who serves on the federal bench in Manhattan.

Trump was convicted on 34 counts of falsifying business records in connection with a $130,000 hush money payment to adult film star Stormy Daniels to cover up an alleged affair.

Trump’s legal loss comes as prosecutors’ star witness, Michael Cohen, the president’s ex-fixer-turned-enemy who made the payment, has reconciled with his former boss . Cohen has recently said he was coerced to testify, leading Trump to claim he was “weaponized.”

The hush money case was one of four criminal prosecutions that Trump faced as he campaigned for another White House term. The New York case was the only one to go to trial; the others were dismissed.

Trump is still appealing his conviction in New York’s state courts, but he has hoped to instead advance his arguments before a federal judge.

Congress allows federal officials to move courts when they are being prosecuted for matters related to “any act under color” of their office. The arrangement is aimed at preventing state interference, ensuring the official can have a neutral forum.

Trump launched an original attempt to move courts before his trial. Hellerstein rejected the bid.

After Manhattan District Attorney Alvin Bragg’s (D) office secured the conviction, Trump made another ask. This time, he had the Supreme Court’s landmark decision that former presidents are entitled to broad criminal immunity in his pocket. Trump argued it meant his New York conviction could no longer stand .

“They do not; paying hush money to an adult film star or engaging in a cover-up of an embarrassment are not subsumed in presidential immunity,” Hellerstein pushed back in his ruling.

Every judge to consider the argument directly so far has rejected it.

In November, the U.S. Court of Appeals for the 2nd Circuit ruled that Hellerstein bypassed important issues and needed to reconsider Trump’s ask to move to federal courts so he could advance the argument.

A spokesperson for the Manhattan district attorney’s office declined to comment.

“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 removed to federal court, and immediately overturned and dismissed,” a spokesperson for the president’s legal team said.

“President Trump has already prevailed in this case at the Second Circuit Court of Appeals, and today’s baseless and lawless decision contradicts that correct ruling. President Trump will be filing a powerful appeal, and will continue defeating Democrat weaponization at every turn.”