The United States Court of Appeals for the Second Circuit just delivered a significant victory for President Donald Trump and his team by vacating the decision of U.S. District Court Judge Alvin Hellerstein, an Obama appointee, and ordering him to reconsider the motion to remove the case from New York to federal court. Hellerstein, now 91, twice rejected the claim, but, according to the Second Circuit, ignored major issues favoring removal.
For years, Trump has argued that the criminal hush money case brought by Manhattan D.A. Alvin Bragg in New York state court should have been transferred to federal court due to his claims of presidential privilege and immunity. In May 2024, Trump was convicted of 34 felony counts for falsifying business records, a case before Judge Juan Merchan that I strongly criticized as legally flawed and improperly tried.
The Supreme Court handed down its ruling in Trump v. United States in July 2024, recognizing core presidential privileges and immunities. The ruling led to the dismissal of the Special Counsel’s prosecutions against Trump. After the ruling, the Trump team renewed its demand for removal, but Hellerstein repeatedly denied that request.
The panel held that the Supreme Court opinion could constitute new grounds for removal. It particularly made certain evidence more problematic after Bragg unwisely used (and Merchan unwisely admitted) testimony from White House meetings. The panel noted three of those instances raised by the Trump team:
“First is the “testimony that President Trump allegedly ‘told’ Cohen that [an] FEC inquiry would be ‘taken care of’ by then-Attorney General Jeff Sessions.” Appellant’s Br. 44. Second is the “testimony from [Hope] Hicks concerning private conversations with President Trump regarding matters of public concern relating to Cohen and his activities, which occurred in the Oval Office while Hicks served as White House Communications Director.” Appellant’s Br. 40–41. And third is the ‘evidence of . . . official statements by President Trump in 2018, via Twitter, regarding matters of public concern.’”
Yesterday, the Second Circuit ruled that the district court failed to consider “important issues relevant” to the merits of the motion:
The District Court denied leave, concluding, among other things, that “good cause” had not been shown for the delay in seeking removal a second time. We cannot be confident that in doing so, the District Court adequately considered issues relevant to the good cause inquiry so as to enable meaningful appellate review. Those issues include but are not limited to the impact of Trump v. United States on the removability of the underlying state prosecution. For example, the District Court did not consider whether certain evidence admitted during the state court trial relates to immunized official acts or, if so, whether evidentiary immunity transformed the State’s case into one that relates to acts under color of the Presidency. Nor did the District Court consider whether any notice of removal of a criminal prosecution under § 1455(b)(1) must be filed before trial even if new grounds for removal arise during or after trial. We therefore VACATE the District Court’s order denying Trump’s motion for leave to file a second notice of removal and REMAND for reconsideration of the motion consistent with this opinion.
The appellate panel was composed of Judges Susan L. Carney (an Obama appointee), Raymond J. Lohier Jr. (an Obama appointee), and Myrna Pérez (a Biden appointee).
The panel added:
“We leave it to the able and experienced district judge to decide whether to solicit further briefing from the parties or hold a hearing to help it resolve these issues. We express no view and ‘neither rule nor imply’ that the district court should resolve Trump’s motion for leave to file a second removal notice in any particular way.”
I am particularly pleased to see that two Obama appointees and a Biden appointee rendered this decision. In sharp contrast to the highly biased role some state judges have played over the years, the ruling reaffirms the independence and integrity of the courts. The usual attacks on the court will be muted in light of its composition. It cannot be said that these were just robotic or reactionary jurists.
This was manifestly the correct decision. Hellerstein could still deny the motion a third time after iron-plating his decision. However, the ruling indicates that the panel views this evidence to be sufficiently weighty to justify a second look and more detailed findings from the district court.
Here is the opinion: Trump v. People of the New York State
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Newbie . My thoughts on overturning the conviction are these:
1. Judge Merchan denied the testimony of the FEC official who said there was NO FEC violation; hence, no FEC charges. REVERSIBLE ERROR.
2. Bragg used a federal charge to resurrect the alleged 34 misdemeanors. He didn’t have jurisdiction. REVERSIBLE ERROR.
3. The jury instructions that they could consider any of three non-charged crimes in their deliberations to convict on the 34 misdemeanors means that any finding WASN’T unanimous. REVERSIBLE ERROR.
Those convictions cannot be overturned fast enough. It must be done in a manner that exonerates Trump, and clearly explains to the American people how this was an abuse of power.
If I recall correctly, there is no law that states an NDA must be reported as a self campaign contribution rather than a legal fee.
Today there is an honest evaluation of the socialist/Marxist elected in New York city by, wait for it, not Fox News but the leftist Atlantic Magazine. A short conclusion is that wins in predominantly Democratic enclaves has no relationship to the mood of the general populace. The Atlantic says that the jubilation of the Socialist Democratic party is premature. Unlike one known as Anonymous on this forum I am not too lazy to provide a source. https://www.msn.com/en-us/news/politics/what-the-left-still-doesnt-get-about-winning/ar-AA1Q0VjO
Meanwhile for those of us who are NOT MAGAts, we find literally stunning the extent of lying that even Mehmet Oz is willing to do for Trump. He claimed yesterday, at that news conference where an elderly man collapsed, and Trump got pissed off because that took the off him (just look at the video–the picture of narcissism and sociopathy in the face of what could have been a fatal event happening a few feet away), that due to the decreased cost of weight loss drugs, by the midterm elections Americans would lose 135 BILLION pounds. Considering that there are 340 million Americans, this equates to a 397 lb. weight loss for each one of us–something literally impossible. AND, Eli Lilly and the other company were not doing this out of the goodness of their hearts or for the benefit of mankind– Lilly wants fast-track approval for a new drug, and they’ve been promised this. Quid pro quo. If their drug was both safe and effective and had been properly tested, they wouldn’t need fast-track approval. What does that tell you?
And, an order to “reconsider” a ruling is NOT some kind of major victory–but the faithful need reassurance after the trouncing the voters handed to the Republicans on Tuesday.
Memo to Dr Oz, if Svelaz / George needs CPR, double glove and throw a bucket of bleach its way. Perform cardiac massage at your own peril
Funny guy…. as the ridiculous 34 federal counts against a former and future President finally begin to disintegrate, you’re concerned about a weight loss drug and some guy passing out in the Oval Office.
What does professor Turley have more expertise on – the weight loss drugs or an appeals court verdict? You’re just bummed this was reported by anyone … how dare they spoil the narrative …sacrilege!
I have a question that I have been asking all and sundry since the filing of the original comic-book charges, and have yet to receive a response from anyone:
I think we can all agree that all the charges brought against Trump were based, in some shape or form on the premise that Donald Trump engaged in creating “fraudulent Business Records”, thus falling foul of a NY Statute addressing ” Fraudulent Business Records”- right?
However, EVERY SINGLE TRANSACTION WAS PAID OUT OF DONALD TRUMP’S PERSONAL BANK ACCOUNTS AND SIGNED BY HIMSELF, PERSONALLY. I believe there were three bank accounts – one, a checking account belonging to Donald Trump personally; one belonging to a private trust of which Donald Trump was the only beneficiary, and .. I don’t recall the details of the other one, except that private citizen Donald Trump was the only account holder. If I remember correctly, none of these PERSONAL PAYMENTS were claimed by Donald Trump as Tax Deductions?
SO, CAN SOMEONE PLEASE EXPLAIN WHY THIS CASE WAS EVEN TRIED – BUT MORE IMPORTANTLY, SINCE THE HORSE HAS QUITE OBVIOUSLY LONG SINCE EXITED THE BARN, WHY IT CAN’T BE DISMISSED OR RETRIED OR REMOVED [or dropped in a dumpster] – THE CHARGES ARE DEMONSTRABLY MOOT FROM THE GET GO??
This has been bugging me for years!
JUST CHANGE the M to an F for ANON above
So DemocRATs won in DemocRAT states and cities?? MORON
Once again the expert in all things Anonymous presents a story but provides no source so that we can evaluate the contents for ourselves. If her conclusion is accurate she should be exited at providing a source that could prove her point. It’s an easy thing to do unless she’s just too lazy to do it. Consequently the question must arise. Why?
TDS SORRY NO CURE FOR IT!
Psych consult. TDS.
What are you going on about in your incoherent rambling?
The courts should eventually do something in regard to Trump and his administration’s coverup of Trump’s involvement in the Epstein files.
BIDEN did what for the Epstein case??? MUST be a lot of DEMS that visited the “ISLAND”
to Anonymous: RETARD would be too kind of a reference for you. Give it a rest weirdo.
Let’s ask George Clooney!
Apparently, Ghislaine Maxwell blew it.
TDS SORRY NO CURE!
He banned Epstein from Mar a Lago.
Given the obvious flaws of this verdict, not least of which is that neither the judge, nor the prosecution, nor the defendant know the precise set of statutes on which the conviction was based, why has the NY appellate process not overturned this conviction? Justice is not exactly speedy.
Because the case is mired in the above procedural morass.
Turley– “the ruling reaffirms the independence and integrity of the courts. The usual attacks on the court will be muted in light of its composition. It cannot be said that these were just robotic or reactionary jurists.”
—-
It is possible to see this as a loss for Trump.
He is still in the pot with the temperature being slowly turned up.
The appellate court really resolved nothing of substance except keeping the matter out of the Supreme Court where Trump might have had a fair and final decision.
Maybe these Obama/Biden judges just want to run out the clock until Trump is out of office. That seems to be happening in several of these cases. They will act quickly enough when they think they can get away with it.
Given their history the presumption given to Obama/Biden judges isn’t “independence and integrity” but more like “collusion and corruption.”
Obama/Biden judges are essentially a coven of Letitia Jameses. Their only law is “Gotta get Trump.” Remember that and many of their bizarre decisions make sense.
This decision is no help to Law or Trump or the reputation of the judiciary.
He’s large and in charge. Deserves Nobel. Billionaire too, unlike you.
Why didn’t the appeals court just issue the correct opinion themselves instead of sending it back to the district court where Judge Hellerstein can play more games with it? Back and forth and nothing to show for it but more billable hours all around every time. Is this some sort of full employment for attorneys plan? Just issue the correct decision at the appellate level and be done with it!
MAGAs can play any games they like, but Trump is still a traitor, rapist, felon, and liar.
Anon-12:05pm Your inability to separate fact from fiction, and reality from make-believe isn’t serving you well.
Show us on the doll where TDS touched you…..
PHERGUS berger. Hilarious. He’ll have to reach under his dress to do so.
You are nuts
Not a rapist. Civil conviction was for sexual assault. And Carroll couldn’t remember any details in the allegation other than it happened in a dressing room. No outcry. no police report. LIAR!!!!!!!!!!!!!!!!!!!!!!!!