Federal judge Alvin Hellerstein rejected former President Donald Trump’s request Tuesday to transfer his criminal case from state to federal court, which could delay Trump’s sentencing.

In May, Trump was convicted of 34 felony counts of falsifying business records and concealing a payment of $130,000 to an adult film actor amidst the 2016 election.

Trump’s lawyers filed a petition arguing to have the case moved to federal court in light of the recent U.S. Supreme Court ruling that granted the former president’s immunity from criminal prosecution for certain official acts. 

They argued the ruling is a valid defense for Trump’s case within federal court and are aiming to have the case dismissed. 

Trump’s lawyers argued that his scheduled sentence doesn’t give him enough time to weigh the possibility of an appeal and that the sentence, scheduled for Sept.18, would interfere with the 2024 election.

Trump argued that the trial judge, Juan M. Merchan, is biased against him,  calling Merchan a “certified Trump hater” on social media. 

Prosecutors from the Manhattan district attorney’s office opposed Trump’s requests and built a case to encourage Merchan not to move Trump’s case to federal court or delay his sentencing after the election. 

Hellerstein denied Trump’s request. He stated that the Supreme Court’s ruling would not affect the case because Trump’s convictions were not official acts within his presidency. 

“Nothing in the Supreme Court’s opinion affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority,” Hellerstein wrote in his order denying Trump’s request. 

Hellerstein also commented on Trump’s statements on Merchan, stating the issues of bias or error are not issues appropriate for the federal court but instead, for the state appeals court. 

Bea Williams can be reached at [email protected].

To read the article in Spanish, go here.