A path to dismissing President Trump’s hush money criminal conviction was reopened Thursday after an appeals panel revived his bid to move the case to federal court.
Trump wants to move the case out of New York state court so he can try to convince a federal judge that the Supreme Court’s presidential immunity ruling compels tossing the jury’s 34-count guilty verdict.
A three-judge panel on the U.S. Court of Appeals for the 2nd Circuit ruled that it “cannot be confident” a lower judge adequately considered Trump’s arguments as he sought to move the case.
“The court bypassed what we consider to be important issues bearing on the ultimate issue of good cause,” the panel wrote.
The panel emphasized it has no view on whether Trump’s strategy should ultimately succeed, only that the lower judge needs to reconsider his prior ruling.
“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 wrote.
Trump was convicted last year of falsifying business records in connection with a hush money scheme to keep quiet his alleged affair with porn star Stormy Daniels ahead of the 2016 presidential election.
The Hill requested comment from the Manhattan district attorney’s office and Trump’s personal legal team.
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