On Wednesday, President Donald Trump's legal battle to reverse his felony conviction entered a new stage as his attorneys asked a federal appeals court to move his hush money case out of New York's state system.
The hearing marks the most notable development since Trump was sentenced earlier this year, becoming the first U.S. president with a criminal conviction.
What Happened: The appeal was heard in Manhattan by a three-judge panel, NPR reports. It stems from Trump's effort to transfer his case to federal court under a law that allows such shifts if the charges relate to official duties performed in office.
The offense in question is falsifying records to hide a payment to adult entertainment star Stormy Daniels. It took place during Trump's 2016 campaign, but his lawyers argue that trial evidence, including testimony from ex-White House officials, justifies federal jurisdiction.
"Everything about this cries out for a federal court room," said Jeffrey Wall, Trump's counsel and former acting solicitor general. The hearing took more than an hour, exceeding the 20 minutes originally scheduled. Trump did not appear in court.
Why It Matters: This unusual appeal is relying on the Federal Officer Removal Statute, originally intended to protect federal officials from hostile state courts. Trump's team says the law applies now because testimony came from his time in office. Notably, the Department of Justice submitted an amicus brief in support of his argument, which is considered to be an extraordinary move.
Opposing counsel Steven Wu of the Manhattan DA's office countered that the law is meant to determine venue before a trial begins, not after sentencing. "The point is not to divert a case into federal court during the appellate process," Wu argued.
Judge Myrna Pérez acknowledged the novelty of the situation, saying, "It seems to me that we got a very big case that created a whole new world of presidential immunity, and that the boundaries are not clear at this point."
Trump was convicted on 34 counts related to covering up a hush payment made in 2016, just before taking office for a second term. He was sentenced to an unconditional discharge, meaning no jail time or fines, but the conviction remains on record.
“I would just like to explain that I was treated very, very unfairly,” Trump said during his sentencing. With federal judges now listening arguments from both sides, the outcome could ultimately land before the U.S. Supreme Court.
This is Trump's second attempt to move the hush money trial to federal court. The earlier attempt was denied in September 2024.
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