The 2nd Circuit Court of Appeals has reopened the possibility for President Trump to seek dismissal of his hush-money conviction. If the case is moved to federal court, his lawyers could argue before a federal judge that the Supreme Court’s presidential immunity ruling shields him from the 34 felony counts tied to alleged payments to Stormy Daniels.
A three-judge panel, consisting of two Obama appointees and a Biden appointee, ruled on Thursday that it “cannot be confident” a lower judge properly considered Trump’s arguments as he tried to move the case into federal courts.
“The court bypassed what we consider to be important issues bearing on the ultimate issue of good cause,” the panel wrote. They did not say whether they think Trump's efforts will be successful, only that lower judges must reconsider the prior ruling.
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.
“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,” the panel continued.
In May 2024, Trump was convicted in New York state court on 34 felony counts of falsifying business records. The case was brought by Manhattan D.A. Alvin Bragg and alleged that Trump directed his former attorney, Michael Cohen, to pay $130,000 to adult film actress Stormy Daniels to silence her about an alleged affair before the 2016 election.
“President Trump continues to win in his fight against Radical Democrat Lawfare,” a spokesperson for Trump’s legal team said in a statement. “The Supreme Court’s historic decision on Immunity, the Federal and New York State Constitutions, and other established legal precedent mandate that the Witch Hunt perpetrated by the Manhattan DA be immediately overturned and dismissed.”
“President Trump will keep defeating Democrat weaponization at every turn as he focuses on his singular mission to Make America Great Again,” they added.
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