A federal appeals court on Thursday allowed President Donald Trump to move forward with his effort to overturn his criminal conviction in the hush money case in New York City.
Trump is seeking to transfer the case from New York state court to federal court, arguing that a federal judge should dismiss the jury’s 34-count guilty verdict based on the Supreme Court’s recent ruling on presidential immunity, The hill reported.
A three-judge panel on the U.S. Court of Appeals for the 2nd Circuit said it “cannot be confident” that the lower court properly weighed Trump’s arguments in his effort to transfer the case to federal court.
“The court bypassed what we consider to be important issues bearing on the ultimate issue of good cause,” the panel noted in its 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 added.
The panel included U.S. Circuit Judges Raymond Lohier and Susan Carney, both appointed by former President Obama, as well as U.S. Circuit Judge Myrna Pérez, who was appointed by former President Biden.
Trump was convicted last year on charges of falsifying business records related to payments intended to conceal an alleged affair with adult film actress Stormy Daniels before the 2016 presidential election.
