A judge in NYC signaled that the state criminal hush money prosecution of Trump will soon be returned to state court because the former president cannot prove that he was acting in his capacity as president when he made payments to his private attorney.
Before he made final remarks after a hearing lasting over three hours, Hellerstein made several comments indicating that to move the case, Trump needs definitive proof that he was acting in his capacity as president rather than tending to private affairs in his dealings with Cohen.
“We have the invoices,” the judge said, referencing a year's worth of monthly $35,000 payments to Cohen. “But no proof of what he did.” The Republican’s lawyers say the charges, while related to his private company’s records, involve things he did while he was president. U.S. law allows criminal prosecutions to be removed from state court if they involve actions taken by federal government officials as part of their official duties.
The Manhattan district attorney's office, which brought the case, has argued that nothing about the payoffs to either Cohen or the women involved Trump's official duties as president.
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