Trump back in court over hush money case — this time at the Second Circuit

MANHATTAN (CN) — President Donald Trump is still vying to bring his Manhattan hush money case to federal court, over a year after he was convicted on 34 felony counts of falsifying business records.

Trump on Wednesday argued to the Second Circuit that the state case should have been brought to a federal forum, with the ultimate goal of tossing his historic conviction on presidential immunity grounds.

Last year, Trump was found guilty of forging company records to cover up a hush money scheme related to his 2016 presidential run. But Trump says that some of the evidence brought up at trial was related to official acts he took during his first presidency — acts for which presidents have absolute immunity, based on new Supreme Court precedent — meaning the case should have been decided in federal court. 

It’s an argument Trump already unsuccessfully made to U.S. District Judge Alvin Hellerstein, a Bill Clinton appointee in the Southern District of New York, who ruled in part that the case against Trump mainly concerned his personal life, not official acts he took as president. 

Trump mainly took issue with prosecutors eliciting testimony from Hope Hicks, who was a top official in his White House. Trump’s attorney Jeffrey Wall argued Wednesday that evidence like this “can’t come into a case against the president.”

“That’s alone enough to wipe away the conviction,” Wall told a trio of circuit judges.

The evidence from Hicks was consequential, Wall continued. He pointed to the closing arguments from Manhattan prosecutors, who said that Hicks’ testimony was “devastating” for Trump’s defense case.

“The White House Communications director testified on the stand about a conversation in the Oval Office with the president about what she should tell the press about this story and what a White House official should be quoted as saying," the attorney said. 

“Everything about this cries out for federal court,” he added. 

The Second Circuit panel was made up of three judges appointed by Democrats: U.S. Circuit Judge Raymond Lohier and U.S. Circuit Judge Susan Carney are Barack Obama appointees, and U.S. Circuit Judge Myrna Perez is a Joe Biden appointee. 

The judges didn’t immediately issue a ruling, but all three appeared hesitant to side with Trump on arguments he’s already unsuccessfully tried numerous times in other courts.

Lohier probed Wall about whether any evidence involving official acts, “no matter how attenuated from the charged conduct,” would trigger a move to federal jurisdiction.

“Once you’ve introduced evidence that relates to your official duties or responsibilities … you come into federal court because you’ve put at issue something federal,” Wall said. 

Perez questioned whether any court has allowed such a removal post-judgment, as Trump has already been sentenced to unconditional discharge.

Wall conceded that this was an “anomalous, one-of-its-kind prosecution.”

“This is a class of one; it's not like this happens often,” he said.

The case was indeed a monumental one — it made Trump the only U.S. president to be indicted, tried, convicted and sentenced for felony crimes. 

But Steven Wu of the Manhattan District Attorney’s office argued that there is still precedent to follow, despite the case’s uniqueness.

“After sentencing, removal is no longer available,” Wu said. “Even if it were technically available, there are compelling reasons not to permit it here, given the late stage of the criminal proceeding.” 

If Trump loses this appeal, he could take the case to the Supreme Court. 

Prosecutors accused Trump of fudging business records to cover up a hush money scheme related to his 2016 presidential run. At trial, Trump’s former fixer Michael Cohen was the prosecution’s star witness; he testified that the then-presidential candidate ordered him to make a $130,000 payment to porn star Stormy Daniels to keep her quiet about a 2006 tryst she had with Trump.

When it came time for Trump to repay Cohen, he falsely labeled the monthly payments as standard legal fees, running afoul of state law. 

Trump was convicted on May 30, 2024. Months later, the Republican defeated his Democratic foe Kamala Harris to win a second presidential term. He was sentenced on Jan. 10, 2025 — 10 days before being sworn into the White House.

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