Federal Judge Concludes Then-Candidate Trump's Attempt to Remove N.Y. Hush Money Non-Reporting Prosecution to Federal Court Came Too Late

From the long opinion today by Judge Alvin Hellerstein (S.D.N.Y.) in People v. Trump:

Defendant Donald J. Trump, President of the United States, moved for leave to file a second notice of removal. I denied his motion, but the Court of Appeals vacated and remanded and, on remand, I was directed to consider (1) whether then former President Trump demonstrated good cause for filing an untimely notice of removal after the Supreme Court issued its decision in Trump v. United States (2024), and diligently sought removal; (2) whether removal under 28 U.S.C. §§ 1442(a)(1) and 1455(b)(1) is available at this stage of the state court proceedings; and (3) whether Trump’s prosecution is for or relating to an act under color of federal office and whether he raises a colorable federal defense.

To remind people of the prosecution:

On March 30, 2023, a New York State grand jury indicted then former President Donald Trump on thirty-four counts of falsifying business records in the First Degree in violation of N.Y. Penal Law § 175.10…. The New York County District Attorney’s Office (the “People”) alleged that from August 2015 to December 2017, Trump orchestrated a scheme with others to influence the 2016 presidential election, by suppressing negative information about him to benefit his electoral prospects.

As a part of this scheme, the People alleged that, at Trump’s request, a lawyer who worked for the Trump Organization as Special Counsel to Trump, Michael Cohen, “covertly paid $130,000 to an adult film actress shortly before the election to prevent her from publicizing a sexual encounter with” Trump. Cohen, following Trump’s instructions, proceeded to pay the adult film star, Stephanie Clifford (aka Stormy Daniels), using a shell corporation. After the election Trump reimbursed Cohen, disguising each check “as a payment for legal services rendered in a given month of 2017 pursuant to a retainer agreement.” …

On December 16, 2024, the New York Supreme Court denied Trump’s motion to dismiss the indictment and vacate the jury’s verdict, filed in light of Trump v. United States. On January 10, 2025, the N.Y. Supreme Court sentenced Trump to unconditional discharge, and entered judgment. Trump’s appeal to the Appellate Division, First Department, is pending….

Those who want to know more about removal, timeliness, presidential immunity, and more need to read the opinion.

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