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Federal appeals court hears arguments in Trump’s bid to erase hush money conviction

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Federal appeals court hears arguments in Trump’s bid to erase hush money conviction
News

News

Federal appeals court hears arguments in Trump’s bid to erase hush money conviction

2025-06-12 00:47 Last Updated At:00:50

NEW YORK (AP) — As President Donald Trump focuses on global trade deals and dispatching troops to aid his immigration crackdown, his lawyers are fighting to erase the hush money criminal conviction that punctuated his reelection campaign last year and made him the first former — and now current — U.S. president found guilty of a crime.

On Wednesday, that fight landed in a federal appeals court in Manhattan, where a three-judge panel heard arguments in Trump’s long-running bid to get the New York case moved from state court to federal court so he can seek to have it thrown out on presidential immunity grounds. It’s one way he’s trying to get the historic verdict overturned.

The judges in the 2nd U.S. Circuit Court of Appeals spent more than an hour grilling Trump’s lawyer and the appellate chief for Manhattan district attorney's office — which prosecuted the case and wants it to remain in state court.

At turns skeptical and receptive to both sides’ arguments on the weighty and seldom-tested legal issues underlying the president’s request, the judges said they would take the matter under advisement and issue a ruling at a later date.

But there was at least one thing all parties agreed on: it is a highly unusual case.

Trump lawyer Jeffrey Wall called the president “a class of one” and Judge Susan L. Carney, noted that it was “anomalous” for a defendant to seek to transfer a case to federal court after it has been decided in state court.

Carney was nominated to the 2nd Circuit by Democratic President Barack Obama. The other judges who heard arguments, Raymond J. Lohier, Jr. and Myrna Pérez were nominated by Obama and Democratic President Joe Biden, respectively.

The Republican president is asking the federal appeals court to intervene after a lower-court judge twice rejected the move. As part of the request, Trump wants the court to seize control of the criminal case and then ultimately decide his appeal of the verdict, which is now pending in a state appellate court.

Trump’s Justice Department — now partly run by his former criminal defense lawyers — backs his bid to move the case to federal court. If he loses, he could go to the U.S. Supreme Court.

"Everything about this cries out for federal court,” Wall argued.

Wall, a former acting U.S. solicitor general, argued that Trump’s historic prosecution violated the U.S. Supreme Court’s presidential immunity ruling, which was decided last July, about a month after the hush money verdict. The ruling reined in prosecutions of ex-presidents for official acts and restricted prosecutors from pointing to official acts as evidence that a president’s unofficial actions were illegal.

Trump’s lawyers argue that prosecutors rushed to trial instead of waiting for the Supreme Court’s presidential immunity decision, and that they erred by showing jurors evidence that should not have been allowed under the ruling, such as former White House staffers describing how Trump reacted to news coverage of the hush money deal and tweets he sent while president in 2018.

“The district attorney holds the keys in his hand," Wall argued. “He doesn’t have to introduce this evidence.”

Steven Wu, the appellate chief for the district attorney's office, countered that Trump was too late in seeking to move the case to federal court. Normally, such a request must be made within 30 days of an arraignment, but a federal appeals court in Washington, D.C. recently ruled that exceptions can be made if “good cause” is shown. Trump hasn't done that, Wu argued.

While "this defendant is an unusual defendant,” Wu said, there is nothing unusual about a defendant raising subsequent court decisions, such as the Supreme Court's immunity ruling for Trump, when they appeal their convictions. That appeal, he argued, should stay in state court.

Trump was convicted in May 2024 of 34 felony counts of falsifying business records to conceal a hush money payment to adult film actor Stormy Daniels, whose affair allegations threatened to upend his 2016 presidential campaign. Trump denies her claim and said he did nothing wrong. It was the only one of his four criminal cases to go to trial.

Trump's lawyers first sought to move the case to federal court following his March 2023 indictment, arguing that federal officers including former presidents have the right to be tried in federal court for charges arising from “conduct performed while in office.” Part of the criminal case involved checks he wrote while he was president.

They tried again after his conviction, about two months after the Supreme Court issued its immunity ruling.

U.S. District Judge Alvin Hellerstein, who was nominated by Democratic President Bill Clinton, denied both requests, ruling in part that Trump’s conviction involved his personal life, not his work as president.

Wu argued Wednesday that Trump and his lawyers should’ve acted more immediately after the Supreme Court ruled, and that by waiting they waived their right to seek a transfer. Wall responded that they delayed seeking to move the case to federal court because they were trying to resolve the matter by raising the immunity argument with the trial judge, Juan Merchan.

Merchan ultimately rejected Trump’s request to throw out the conviction on immunity grounds and sentenced him on Jan. 10 to an unconditional discharge, leaving his conviction intact but sparing him any punishment.

President Donald Trump speaks to reporters after arriving on Air Force One, Tuesday, June 10, 2025, at Joint Base Andrews, Md. (AP Photo/Alex Brandon)

President Donald Trump speaks to reporters after arriving on Air Force One, Tuesday, June 10, 2025, at Joint Base Andrews, Md. (AP Photo/Alex Brandon)

President Donald Trump speaks with reporters in the Oval Office of the the White House, Tuesday, June 10, 2025, in Washington. (AP Photo/Evan Vucci)

President Donald Trump speaks with reporters in the Oval Office of the the White House, Tuesday, June 10, 2025, in Washington. (AP Photo/Evan Vucci)

A group of Buddhist monks and their rescue dog are striding single file down country roads and highways across the South, captivating Americans nationwide and inspiring droves of locals to greet them along their route.

In their flowing saffron and ocher robes, the men are walking for peace. It's a meditative tradition more common in South Asian countries, and it's resonating now in the U.S., seemingly as a welcome respite from the conflict, trauma and politics dividing the nation.

Their journey began Oct. 26, 2025, at a Vietnamese Buddhist temple in Texas, and is scheduled to end in mid-February in Washington, D.C., where they will ask Congress to recognize Buddha’s day of birth and enlightenment as a federal holiday. Beyond promoting peace, their highest priority is connecting with people along the way.

“My hope is, when this walk ends, the people we met will continue practicing mindfulness and find peace,” said the Venerable Bhikkhu Pannakara, the group’s soft-spoken leader who is making the trek barefoot. He teaches about mindfulness, forgiveness and healing at every stop.

Preferring to sleep each night in tents pitched outdoors, the monks have been surprised to see their message transcend ideologies, drawing huge crowds into churchyards, city halls and town squares across six states. Documenting their journey on social media, they — and their dog, Aloka — have racked up millions of followers online. On Saturday, thousands thronged in Columbia, South Carolina, where the monks chanted on the steps of the State House and received a proclamation from the city's mayor, Daniel Rickenmann.

At their stop Thursday in Saluda, South Carolina, Audrie Pearce joined the crowd lining Main Street. She had driven four hours from her village of Little River, and teared up as Pannakara handed her a flower.

“There’s something traumatic and heart-wrenching happening in our country every day,” said Pearce, who describes herself as spiritual, but not religious. “I looked into their eyes and I saw peace. They’re putting their bodies through such physical torture and yet they radiate peace.”

Hailing from Theravada Buddhist monasteries across the globe, the 19 monks began their 2,300 mile (3,700 kilometer) trek at the Huong Dao Vipassana Bhavana Center in Fort Worth.

Their journey has not been without peril. On Nov. 19, as the monks were walking along U.S. Highway 90 near Dayton, Texas, their escort vehicle was hit by a distracted truck driver, injuring two monks. One of them lost his leg, reducing the group to 18.

This is Pannakara's first trek in the U.S., but he's walked across several South Asian countries, including a 112-day journey across India in 2022 where he first encountered Aloka, an Indian Pariah dog whose name means divine light in Sanskrit.

Then a stray, the dog followed him and other monks from Kolkata in eastern India all the way to the Nepal border. At one point, he fell critically ill and Pannakara scooped him up in his arms and cared for him until he recovered. Now, Aloka inspires him to keep going when he feels like giving up.

“I named him light because I want him to find the light of wisdom,” Pannakara said.

The monk's feet are now heavily bandaged because he's stepped on rocks, nails and glass along the way. His practice of mindfulness keeps him joyful despite the pain from these injuries, he said.

Still, traversing the southeast United States has presented unique challenges, and pounding pavement day after day has been brutal.

“In India, we can do shortcuts through paddy fields and farms, but we can’t do that here because there are a lot of private properties,” Pannakara said. “But what’s made it beautiful is how people have welcomed and hosted us in spite of not knowing who we are and what we believe.”

In Opelika, Alabama, the Rev. Patrick Hitchman-Craig hosted the monks on Christmas night at his United Methodist congregation.

He expected to see a small crowd, but about 1,000 people showed up, creating the feel of a block party. The monks seemed like the Magi, he said, appearing on Christ’s birthday.

“Anyone who is working for peace in the world in a way that is public and sacrificial is standing close to the heart of Jesus, whether or not they share our tradition,” said Hitchman-Craig. “I was blown away by the number of people and the diversity of who showed up.”

After their night on the church lawn, the monks arrived the next afternoon at the Collins Farm in Cusseta, Alabama. Judy Collins Allen, whose father and brother run the farm, said about 200 people came to meet the monks — the biggest gathering she’s ever witnessed there.

“There was a calm, warmth and sense of community among people who had not met each other before and that was so special,” she said.

Long Si Dong, a spokesperson for the Fort Worth temple, said the monks, when they arrive in Washington, plan to seek recognition of Vesak, the day which marks the birth and enlightenment of the Buddha, as a national holiday.

“Doing so would acknowledge Vesak as a day of reflection, compassion and unity for all people regardless of faith,” he said.

But Pannakara emphasized that their main goal is to help people achieve peace in their lives. The trek is also a separate endeavor from a $200 million campaign to build towering monuments on the temple’s 14-acre property to house the Buddha’s teachings engraved in stone, according to Dong.

The monks practice and teach Vipassana meditation, an ancient Indian technique taught by the Buddha himself as core for attaining enlightenment. It focuses on the mind-body connection — observing breath and physical sensations to understand reality, impermanence and suffering. Some of the monks, including Pannakara, walk barefoot to feel the ground directly and be present in the moment.

Pannakara has told the gathered crowds that they don't aim to convert people to Buddhism.

Brooke Schedneck, professor of religion at Rhodes College in Memphis, Tennessee, said the tradition of a peace walk in Theravada Buddhism began in the 1990s when the Venerable Maha Ghosananda, a Cambodian monk, led marches across war-torn areas riddled with landmines to foster national healing after civil war and genocide in his country.

“These walks really inspire people and inspire faith,” Schedneck said. “The core intention is to have others watch and be inspired, not so much through words, but through how they are willing to make this sacrifice by walking and being visible.”

On Thursday, Becki Gable drove nearly 400 miles (about 640 kilometers) from Cullman, Alabama, to catch up with them in Saluda. Raised Methodist, Gable said she wanted some release from the pain of losing her daughter and parents.

“I just felt in my heart that this would help me have peace,” she said. “Maybe I could move a little bit forward in my life.”

Gable says she has already taken one of Pannakara’s teachings to heart. She’s promised herself that each morning, as soon as she awakes, she’d take a piece of paper and write five words on it, just as the monk prescribed.

“Today is my peaceful day.”

Freelance photojournalist Allison Joyce contributed to this report.

Associated Press religion coverage receives support through the AP’s collaboration with The Conversation US, with funding from Lilly Endowment Inc. The AP is solely responsible for this content.

Buddhist monks who are participating in the, "Walk For Peace," get lunch Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Buddhist monks who are participating in the, "Walk For Peace," get lunch Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Aloka rests with Buddhist monks who are participating in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Aloka rests with Buddhist monks who are participating in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

A sign is seen greeting the Buddhist monks who are participating in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

A sign is seen greeting the Buddhist monks who are participating in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Supporters pray with Buddhist monks who are participating in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Supporters pray with Buddhist monks who are participating in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Supporters watch Buddhist monks who are participating in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Supporters watch Buddhist monks who are participating in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

A Buddhist monk ties a prayer bracelet around the wrist of Josey Lee, 2-months-old, during the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

A Buddhist monk ties a prayer bracelet around the wrist of Josey Lee, 2-months-old, during the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Bhikkhu Pannakara, a spiritual leader, speaks to supporters during the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Bhikkhu Pannakara, a spiritual leader, speaks to supporters during the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Buddhist monks participate in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Buddhist monks participate in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Buddhist monks participate in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Buddhist monks participate in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Bhikkhu Pannakara leads other buddhist monks in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Bhikkhu Pannakara leads other buddhist monks in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Audrie Pearce greets Buddhist monks who are participating in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Audrie Pearce greets Buddhist monks who are participating in the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Bhikkhu Pannakara, a spiritual leader, speaks to supporters during the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Bhikkhu Pannakara, a spiritual leader, speaks to supporters during the, "Walk For Peace," Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Buddhist monks who are participating in the, "Walk For Peace," arrive in Saluda, Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Buddhist monks who are participating in the, "Walk For Peace," arrive in Saluda, Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Buddhist monks who are participating in the, "Walk For Peace," are seen with their dog, Aloka, Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

Buddhist monks who are participating in the, "Walk For Peace," are seen with their dog, Aloka, Thursday, Jan. 8, 2026, in Saluda, S.C. (AP Photo/Allison Joyce)

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