一名联邦法官否认了前总统唐纳德·特朗普第二次试图搬迁他的纽约封口费案件从州法院到联邦法院。
特朗普曾要求联邦法院干预,并在最高法院之后推迟对他的判决7月执政特朗普有权对在职期间的官方行为免于刑事起诉。
“最高法院的意见没有影响我之前的结论,即封口费的付款是私人的、非官方的行为,超出了行政权力的范围,”美国地区法官阿尔文·赫勒斯坦周二在一份命令中写道。
特朗普的判决定于9月18日进行。
特朗普是被判有罪今年5月,他因伪造商业记录的34项重罪被起诉,这些记录与封口费向成人电影女演员斯托米·丹尼尔斯支付的款项有关,以提高他在2016年总统大选中的选举前景。他表示将对该判决提起上诉。
周二早些时候,曼哈顿地区检察官办公室在给负责此案的法官的一封信中称,没有理由推迟判决。
“我们注意到,被告对时间的担心是他自己的战略和拖延诉讼策略的一个功能:这第二次搬迁通知是在被告自愿放弃其第一次不成功的撤诉努力近十个月后发出的;三个月前,陪审团裁定他犯有34项重罪;在被告要求本法院考虑他的CPL 330.30动议进行新的审判近两个月后,”周二的信中说。
地区检察官办公室拒绝就特朗普的量刑时间表态,让法官自行决定。
这位前总统已经要求Merchan将判决推迟到11月大选之后,并基于总统豁免权驳回此案。
Judge denies Trump's 2nd attempt to move his hush money case into federal court
A federal judge has denied former President Donald Trump's second attempt to move his New Yorkhush money casefrom state court into federal court.
Trump had asked the federal court to intervene and delay his sentencing after the Supreme Courtruled in Julythat Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office.
"Nothing in the Supreme Court's opinion affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority," U.S. District Judge Alvin Hellerstein wrote in an order Tuesday.
Trump's sentencing is scheduled to take place on Sept. 18.
Trump wasfound guiltyin May on 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election. He has said he will appeal the decision.
Earlier Tuesday, the Manhattan district attorney's office, in a letter to the judge overseeing the case, argued that there is no reason to delay the sentencing.
"We note that the concerns defendant expresses about timing are a function of his own strategic and dilatory litigation tactics: This second notice of removal comes nearly ten months after defendant voluntarily abandoned his appeal from his first, unsuccessful effort to remove this case; three months after he was found guilty by a jury on thirty-four felony counts; and nearly two months after defendant asked this Court to consider his CPL § 330.30 motion for a new trial," Tuesday's letter said.
The district attorney's office declined to take a position on when Trump's sentencing should occur, leaving it to the discretion of the judge.
The former president has asked Merchan to postpone the sentencing until after the November election and also to throw out the case based on presidential immunity.
Judge Merchan has not yet issued rulings on either of those requests.