Judge denies Trump request to move New York hush money case to federal court

A judge has denied former President Trump's request to move his New York hush money criminal case from state court to federal court, citing a U.S. Supreme Court's presidential immunity decision.

U.S. District Court Judge Alvin Hellerstein said there was nothing in the high court's presidential immunity ruling that alters his view that private payments to an adult film star are not related to a president's official acts. 

He previously said that Trump’s reimbursement to Michael Cohen, his former lawyer who facilitated hush money payments to adult film actress Stormy Daniels, were not official acts he made as president. 

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"My holding of a hush money reimbursement remains true regardless of who has the burden, whether the People or Mr. Trump," Hellerstein wrote in his decision. "Nothing in the Supreme Court's decision affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority."

The Supreme Court’s 2023 immunity decision restricts prosecutors from pointing to official acts as evidence that a president’s unofficial actions were illegal. Trump's lawyers have argued that jurors in the hush money case should not have heard such evidence as former White House staffers describing how the then-president reacted to news coverage of the Daniels deal.

Trump was convicted in May of 34 counts of falsifying business records to conceal a 2016 deal to pay off Daniels to stay quiet about her alleged 2006 sexual encounter with him. Prosecutors said the payout was part of an effort to keep voters from hearing salacious stories about him during his first presidential campaign. 

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Trump has denied the allegations and has cast his prosecution as a political witch hunt intended to damage his current White House bid. 

"There should be no sentencing in this Election Interference Witch Hunt. As mandated by the United States Supreme Court, this case, along with all of the other Harris-Biden Hoaxes, should be dismissed," Trump campaign spokesperson Steven Cheung said in a statement to Fox News Digital. "President Trump and his legal team will continue to fight to move this Hoax into federal court where it should be put out of its misery once and for all."

Trump has also accused New York Judge Juan Merchan, who presided over the case, of having a conflict of interest, and has claimed he is biased against him. He cited Merchan's daughter, Loren Merchan, who has supported Democratic political candidates. 

Manhattan District Attorney Alvin Bragg sent an Aug. 30 letter to Merchan saying that Trump's request to move his New York criminal case to federal court should wait until after the judge rules on the motion to vacate because of presidential immunity and the request to delay sentencing.

"We note that the concerns defendant expresses about timing are a function of his own strategic and dilatory litigation tactics," the letter states.

Merchan is expected to rule on the motion on Sept. 16. 

Alabama heard TJ Finley's comments before beating down on Western Kentucky: 'Little disrespectful'

Questions about how the Alabama Crimson Tide would fare without its legendary head coach, Nick Saban, entering the 2024 season were squashed on Saturday when they blew out Western Kentucky, 63-0, under new coach Kalen DeBoer. 

The Crimson Tide heard all the skeptical jargon about them entering Week 1, and Western Kentucky quarterback TJ Finley was among them. 

Finley, who played at LSU, Auburn and Texas State before joining WKU in his fifth collegiate season, said before the game that Alabama "might not be who they think they are."

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Alabama linebacker Tyler Booker admitted that was just fuel to the Crimson Tide’s fire. 

"It was a little disrespectful, we definitely saw what he said," Booker said, via SI.com. "That wasn't the main motivation for going out there and hanging 63 points on them, obviously, we're going to play to our standard but that just added a little fuel to the fire.

"When one of their players says something along the lines of, '[They] might not be who [they] think [they] are,' our whole purpose of the game is to just show 'em who we are and who we say we are. I feel like we accomplished that and I think he'd say the same."

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Alabama, the fourth-ranked team in the country entering the new season, was electric with Jalen Milroe, their veteran quarterback who wasn’t among the many who entered the transfer portal following news of Saban’s retirement, throwing for 200 yards and three touchdowns on just seven completions. Milroe also rushed for two touchdowns on 10 attempts with 79 yards on the ground as well. 

Meanwhile, Finley was 18-for-31 for just 92 yards with two interceptions and no touchdowns. The rushing yards leader for WKU was Elijah Young with only 18 yards on 10 carries.  

When looking at the team stats, Alabama had 600 yards of total offense to WKU’s 145, and the Crimson Tide almost averaged 10 yards per play (9.2). 

It was quite the first game for DeBoer, who previously led the Washington Huskies to the national title game in 2023. His squad ultimately lost to the Michigan Wolverines, but DeBoer impressed the Crimson Tide enough to make him the next head coach of the storied SEC program. 

DeBoer’s squad answered some questions in their first game, and there’s a tough schedule ahead, including No. 1-ranked Georgia in three weeks. 

But for teams likes South Florida and Wisconsin in the next couple of weeks, keeping comments like Finley had to themselves would be best, as Alabama’s fire is already shining bright after its dominant performance.

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