DA Bragg argues against moving Trump's criminal case to federal court, court papers show

Manhattan prosecutors are pushing back against an attempt by ex-President Donald Trump to move his criminal case on allegations that he paid hush money to influence the 2016 presidential election to federal court.

In newly filed court papers, prosecutors in the office of Manhattan District Attorney Alvin Bragg argued against moving the case to federal court because Trump’s “alleged criminal conduct had no connection to his official duties and responsibilities as president, but instead arose from his unofficial actions relating to his private businesses and preelection conduct.”

Trump became the first American president to be indicted on criminal charges in April when a Manhattan grand jury charged him with 34 counts of falsifying business records in what prosecutors called an attempt to cover up alleged hush money payments connected to an alleged affair. Trump, who is currently the leading Republican candidate for president, pleaded not guilty and is scheduled to go on trial on March 25.

Trump’s attorneys are pushing to move the case from state court in Manhattan to federal court, arguing that much of the alleged conduct occurred when he was a “federal officer.”

But Manhattan prosecutor Matthew Colangelo wrote: “Defendant’s alleged criminal conduct here is similarly divorced from any official duty or responsibility: the preelection scheme and $130,000 payment to an adult film actress predated defendant’s inauguration, and his post-inauguration actions all derived from this pre-inauguration conduct, rather than any presidential duty, because defendant sought to conceal facts and to reimburse payments that preceded his time in office.”

Trump could face advantages with a federal jury. The Southern District of New York, where Trump’s case would be prosecuted if it were moved, includes Manhattan, but also the more politically conservative suburbs. In state court, jurors would only include residents from Manhattan, which is overwhelmingly Democratic.

U.S. District Judge Alvin Hellerstein has scheduled a June 27 hearing on the potential move, which legal experts have said is unlikely.

Prosecutors have said Trump schemed to cover up his conduct from the American electorate during the 2016 election — when Trump was elected president. He lost reelection to President Joe Biden in 2020.

Trump made several “catch-and-kill” payments, including for $130,000 to the pornographic actress known as Stormy Daniels, to conceal an affair she had with Trump, according to Manhattan prosecutors. Another payment of $150,000 was also made to American Media Inc., publishers of The National Enquirer, to bury a story from another woman who said she had an affair with Trump, prosecutors have said.

In a third case, AMI paid $30,000 to a former Trump Tower door attendant, who claimed to have a story about a child Trump had out of wedlock, prosecutors have said.

By Nicole Fuller

nicole.fuller@newsday.com@NicoleFuller

Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.