Judge with ties to Mueller probe steps down from Trump hush money case.

Trump’s Bid to Move Criminal Case from State to Federal Court

A federal district court judge, Judge Ronnie Abrams, who was initially slated to hear former President Donald Trump’s bid to remove his New York criminal case from state court, recused herself from the decision for unspecified reasons on Friday. The case will now be decided by Judge Alvin Hellerstein, an appointee of former President Bill Clinton.

Trump’s Legal Team’s Argument

Trump’s legal team filed a notice of removal to the U.S. District Court for the Southern District of New York, arguing that the case against him is “unprecedented in our nation’s history” and deserves to be heard by a federal court because the charges involved have “federal preemption defense.” Trump pleaded not guilty last month to 34 felony counts of falsifying business records related to alleged hush money payments meant to conceal an affair with Stormy Daniels.

The notice of removal is timely given it was filed on May 4, which is 30 days after Trump was arraigned and represents the last day his counsel could opt to move the case to federal court.

Reasons for Abrams’ Recusal

It is not immediately clear why Abrams recused from the case, though she previously worked with Carey Dunne, who was assigned to Trump’s case before leaving the Manhattan District Attorney’s Office last year. Her husband is Greg Andres, an accomplished former Brooklyn federal prosecutor who went on to work as deputy assistant attorney general in the Justice Department. He was also on the team led by special counsel Robert S. Mueller III in an investigation over Russian meddling in the 2016 election.

Additionally, Abrams’s spouse has commented on a separate two-pronged federal investigation into Trump’s handling of classified materials after leaving office led by special counsel Jack Smith.

Hellerstein’s Background

Hellerstein is known for presiding over the Harvey Weistein case, in which the former film producer was eventually found guilty of two of five felonies related to criminal sex acts in February 2020. Additionally, the Clinton appointee in July 2020 issued an order in favor of Trump’s former attorney Michael Cohen, allowing him to be released from prison into home confinement.

Trump’s push to move Manhattan District Attorney Alvin Bragg’s case from state to federal could offer some defensive advantages for Trump, such as a broader and more politically diverse jury pool. However, legal experts have suggested Trump’s efforts could be unlikely to succeed.

If Hellerstein declines Trump’s request, the case will proceed in state court before Judge Juan Manuel Merchan and all pretrial deadlines will remain in effect.

Prosecutors’ Allegations Against Trump

The former president is accused of attempting a “catch and kill” scheme during the 2016 presidential cycle to find negative stories about him and pay large sums to bury those reports from public light. After making such alleged payments, Trump is accused of hiding his conduct by making “dozens of false entries in business records to conceal criminal activity, including attempts to violate state and federal election laws,” according to prosecutors Bragg’s office.

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