A federal district court judge hearing former President Donald Trump's bid to remove his New York criminal case from state court recused herself from the decision for unspecified reasons Friday.
The case was initially slated to be considered by Judge Ronnie Abrams, an appointee of former President Barack Obama whose husband played a key role in probing Russian meddling in the 2016 election. It will now be decided by Judge Alvin Hellerstein, an appointee of former President Bill Clinton.
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Trump's legal team on Thursday filed a notice of removal to the U.S. District Court for the Southern District of New York, arguing the case against is "unprecedented in our nation's history" and deserves to be heard by a federal court because the charges involved have "federal preemption defense," according to the nine-page filing.
"There has never been a prosecution under New York State law based on an alleged violation of election law pertaining to a federal election," Trump's counsel wrote, adding, "There are serious federal preemption issues with such a prosecution." Trump pleaded not guilty last month to 34 felony counts of falsifying business records related to alleged hush money payments meant to conceal an affair with Stormy Daniels.
The notice of removal is timely given it was filed on May 4, which is 30 days after Trump was arraigned and represents the last day his counsel could opt to move the case to federal court.
It is not immediately clear why Abrams recused from the case, though she previously worked with Carey Dunne, who was assigned to Trump's case before leaving the Manhattan District Attorney's Office last year.
Her husband is Greg Andres, an accomplished former Brooklyn federal prosecutor who went on to work as deputy assistant attorney general in the Justice Department. He was also on the team led by special counsel Robert S. Mueller III in an investigation over Russian meddling in the 2016 election.
Andres, who is now at the law firm Davis Polk, was essential to leading the prosecution of former Trump campaign chairman Paul Manafort. A jury found him guilty of eight of the 18 counts he faced related to bank fraud and tax-related charges in Virginia. Manafort also pleaded guilty in a separate case in federal court in Washington.
Additionally, Abrams's spouse has commented on a separate two-pronged federal investigation into Trump's handling of classified materials after leaving office led by special counsel Jack Smith.
Andres, in November, called Smith "uniquely qualified" to handle the investigation into the former president, saying he's "independent, thoughtful, and deliberate."
Abrams was previously poised to oversee FTX founder Sam Bankman Fried's case after he was accused of illegally using investors' money to buy real estate but recused herself because Andres' firm advised FTX.
“My husband has had no involvement in any of these representations,” she wrote in a December court filing, noting she recused herself only to “avoid" any possible appearance of a conflict of interest.
Hellerstein is known for presiding over the Harvey Weistein case, in which the former film producer was eventually found guilty of two of five felonies related to criminal sex acts in February 2020.
Additionally, the Clinton appointee in July 2020 issued an order in favor of Trump's former attorney Michael Cohen, allowing him to be released from prison into home confinement.
Trump's push to move Manhattan District Attorney Alvin Bragg's case from state to federal could offer some defensive advantages for Trump, such as a broader and more politically diverse jury pool. However, legal experts have suggested Trump's efforts could be unlikely to succeed.
If Hellerstein declines Trump's request, the case will proceed in state court before Judge Juan Manuel Merchan and all pretrial deadlines will remain in effect.
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The former president is accused of attempting a "catch and kill" scheme during the 2016 presidential cycle to find negative stories about him and pay large sums to bury those reports from public light.
After making such alleged payments, Trump is accused of hiding his conduct by making "dozens of false entries in business records to conceal criminal activity, including attempts to violate state and federal election laws," according to prosecutors Bragg's office.