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Judge Rejects Trump Attempt to Move NY Case to Federal Court

Gia Kokotakis
Wednesday, July 19, 2023, 5:08 PM
The judge found that Trump had improperly invoked a law allowing officers of the United States to move civil or criminal cases brought against them in a state court to federal court.

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A Southern District of New York judge granted the remand of a case against former President Donald Trump over hush money paid to adult film actress Stormy Daniels in October 2016. Trump had invoked 28 U.S.C. § 1442(a) to try and move the case to federal court.

Contrary to the motion to remand submitted by Manhattan District Attorney Alvin Bragg, in which Bragg argued that Trump was an elected official, rather than an appointed officer of the United States who holds the right to invoke 28 U.S.C. § 1442(a), the judge found that Trump was an officer of the United States during his presidency. However, the judge also found that Trump failed to sufficiently support that his payment to Stormy Daniels was “relating to any act under color of office,” and instead was "purely a personal item of the President—a cover-up of an embarrassing event." Based on these findings, Judge Alvin K. Hellerstein remanded the case.

You can read the order granting the motion to remand here or below: 

Gia Kokotakis was an intern at Lawfare and is a senior at Georgetown University, where she studies government, French, and Jewish civilization. She received an Attestation d’Études Politiques from Sciences Po Lyon in May 2023.

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