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A federal judge is set to hear arguments Wednesday on President Donald Trump's attempt to move his hush money conviction to federal court, potentially erasing the guilty verdict.
U.S. District Judge Alvin K. Hellerstein will reconsider his previous decision to keep the case in state court after the 2nd U.S. Circuit Court of Appeals ordered a fresh review in November. The appeals court ruled that Hellerstein failed to consider "important issues relevant" to Trump's request for a jurisdiction change.
President Trump, who was convicted in May 2024 of 34 felony counts of falsifying business records, is not expected to attend the hearing in New York City. The case centers on payments made to adult film actor Stormy Daniels to conceal allegations of an affair that threatened to disrupt Trump's 2016 presidential campaign.
The key question before Judge Hellerstein is whether evidence presented during the state trial relates to official presidential acts that might be protected by immunity. The Supreme Court ruled in 2024 that presidents cannot be prosecuted for official acts performed while in office.
"If Hellerstein finds the prosecution relied on evidence of official acts, the judges said, he should weigh whether Trump can argue those actions were taken as part of his White House duties," according to court documents.
Judge Hellerstein, who was nominated by Democratic President Bill Clinton, has twice denied Trump's requests to move the case. In his previous ruling, Hellerstein stated that Trump's conviction involved his personal life, not official actions protected by presidential immunity.
The Manhattan district attorney's office, which prosecuted the case, wants it to remain in state court. Both sides have submitted lengthy written arguments ahead of Wednesday's hearing.
President Trump has consistently denied Daniels' claims and maintains he did nothing wrong. After his conviction, he received an unconditional discharge, which left the conviction intact but imposed no punishment. Trump has separately asked a state appellate court to overturn the conviction.
The outcome of Wednesday's hearing could significantly impact the legal standing of the only criminal conviction against a U.S. president.
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