Overview
- U.S. District Judge Alvin Hellerstein is holding arguments after the 2nd Circuit ordered him to reconsider keeping the case in state court.
- The appeals panel said his prior ruling did not assess whether evidence at trial related to official acts or whether evidentiary immunity changed the case’s character.
- Hellerstein has twice denied removal, concluding the conduct was private and outside executive authority.
- Trump’s lawyers cite the Supreme Court’s July 2024 decision granting presumptive immunity for official acts as grounds to seek federal review.
- Manhattan prosecutors oppose removal, pointing to the case’s advanced stage, while Trump is not expected to attend and is also pursuing a state appeal.