The federal judge handling the New York removal, Alvin Hellerstein, has scheduled a hearing on the matter for the end of June.
, he is resorting with even more desperation to his favorite court maneuver—delay. That is what is happening in the criminal case brought against him by Manhattan District Attorney Alvin Bragg, stemming from hush money payments made during the 2016 presidential campaign. Trump is now arguing in court that the creation of phony personal documents to cover up those payments were official presidential acts, and therefore that the state case against him should be removed to federal court.
The removal statute reflects Congress’ recognition that federal law enforcement officers may sometimes be required to enforce federal laws and take other actions that are unpopular in local jurisdictions, and that they could face unjustified state charges in retaliation for doing their job.
This case does not remotely meet that standard. The hush-money payments to a woman with whom Trump was alleged to have had an affair, Stormy Daniels, were made in October 2016, before Trump was elected president. Those payments were made by Trump’s legal fixer, Michael Cohen, and Trump then used his own funds to reimburse Cohen in 2017.
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