A federal judge on Tuesday rejected Donald Trump’s request to intervene in his New York hush money criminal case, thwarting the former president’s latest bid to overturn his felony conviction and delay his sentencing,
AP reports.
U.S. District Judge Alvin Hellerstein ruled that Trump had not satisfied the burden of proof required for a federal court to take control of the case from the state court where it was tried.
Hellerstein’s ruling came hours after Manhattan prosecutors raised objections to Trump ‘s effort to delay post-trial decisions in the case while he sought to have the federal court step in.
The Manhattan district attorney’s office argued in a letter to the judge presiding over the case in state court that he had no legal obligation to hold off on post-trial decisions and wait for Hellerstein to rule.
Prosecutors urged the trial judge, Juan M. Merchan, not to delay his rulings on two key defense requests: Trump’s call to delay sentencing until after the November election, and his bid to overturn the verdict and dismiss the case in the wake of the U.S. Supreme Court’s presidential immunity ruling.
Merchan has said he will rule Sept. 16 on Trump’s motion to overturn the verdict. His decision on delaying sentencing has been expected in the coming days.
Trump was convicted in May of 34 felony counts of falsifying business records to conceal a $130,000 hush money payment to porn actor Stormy Daniels, whose affair allegations threatened to disrupt his 2016 presidential run. Trump has denied her claim and said he did nothing wrong.
Falsifying business records is punishable by up to four years behind bars. Other potential sentences include probation or a fine.
In a letter Tuesday, Assistant District Attorney Matthew Colangelo reiterated that prosecutors have not staked a position on whether to delay sentencing, deferring to Merchan on an “appropriate post-trial schedule.”
Trump’s lawyers have argued that sentencing Trump as scheduled, just two days after Merchan’s expected immunity decision, would not give him enough time to weigh next steps — including a possible appeal — if Merchan rules to uphold the verdict.
