Appeals court gives Donald Trump another shot at erasing Stormy Daniels hush money conviction

"Hellerstein's ruling, which echoed his previous denial, 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 hush money case into one that relates to official acts, the appeals court panel said. The three judges said Hellerstein should closely review evidence that Trump claims relate to official acts."

"A three-judge panel in the 2nd U.S. Circuit Court of Appeals ruled that U.S. District Judge Alvin Hellerstein erred by failing to consider important issues relevant to Trump's request to move the New York case to federal court, where he can seek to have it thrown out on presidential immunity grounds. But, the appeals court judges said, they express no view on how Hellerstein should rule."

An appeals court directed a lower court to reconsider its decision keeping the hush-money prosecution in New York state court rather than moving it to federal court. The panel found that the district judge failed to consider important issues tied to a request for federal jurisdiction based on presidential immunity. The district judge had twice denied removal, concluding the conviction involved personal acts and that the burden for transfer was unmet. The appeals court instructed a close review of evidence potentially relating to immunized official acts and further assessment of whether such evidence affects immunity claims.

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