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By Taryn Pedler
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President Donald Trump's attorneys have launched a fresh attack on the federal judge who oversaw a case involving the president's New York criminal conviction, criticizing his handling of the ongoing legal proceedings in a court filing submitted one day after the judge's death.
Judge Alvin K. Hellerstein died of natural causes on Wednesday morning, aged 92. On Thursday, a 43-page court filing that Trump's legal team submitted to the U.S. Court of Appeals for the Second Circuit took aim at Hellerstein's previous decisions in the case.
The filing did not mention Hellerstein's death but accused him and the New York County District Attorney's Office (DANY) of repeatedly finding "meritless reasons" to prevent Trump from moving his criminal case from state to federal jurisdiction following the Supreme Court's ruling on presidential immunity.
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"Throughout this litigation, both DANY and the district court (Hellerstein, J.) have grasped for different, meritless reasons to wrongly deny President Trump—the chief federal officer—a federal forum to adjudicate his substantial federal defenses," the filing said.
"In erroneously denying removal in September 2024, the district court said nothing about President Trump's supposed delay or any purported waiver of removal," it added.
What Trump’s Lawyers Said About Hellerstein
The brief—filed on October 29 and signed by attorneys such as Robert J. Giuffra Jr., a co-chair of Sullivan and Cromwell—challenges Hellerstein's decision to reject Trump's latest attempt to move his New York criminal case into federal court.
Trump's legal team is relying on a federal-officer removal statute, which allows certain criminal prosecutions involving federal officers to be transferred from state to federal court.
His attorneys argue that the prosecution relates to Trump's official presidential acts and that he has at least one colorable federal defense.
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A central part of their argument concerns the Supreme Court's July 2024 ruling in Trump v. United States, which established protections against criminal prosecution for certain presidential conduct.
Trump's lawyers have said the ruling changed the legal position and gave the president grounds to seek removal of his case in 2024.
"President Trump has demonstrated 'good cause' for seeking to remove in late August 2024. That was less than two months after the Supreme Court in Trump recognized an evidentiary immunity that—as DANY never denies—changed the controlling law and, thus, enabled the President's second removal notice," the document said.
They argue that Hellerstein wrongly rejected the application in September 2024 and that the district court made another error when it rejected Trump's request again following a later appeal.
The filing also takes issue with prosecutors' argument that Trump waited too long to seek removal and effectively waived his right to do so by continuing to argue his case in state court.
His attorneys dispute that interpretation, saying Trump had to continue participating in the proceedings to avoid the possibility of imminent sentencing and incarceration.
"To forestall his imminent potential incarceration, President Trump had to argue to the state trial court that Trump undermined his conviction, and to ask for a chance to explain why before he was sentenced," the filing said.
The lawyers also challenge the suggestion that the advanced stage of Trump's state-court appeal should prevent the case from being transferred. They argue that Trump has consistently sought to expedite the proceedings and that delays were caused by circumstances outside his control.
The brief said Hellerstein's district court took another 10 months to issue its decision after the Second Circuit sent the matter back for reconsideration in November 2025.
Trump's attorneys say they repeatedly asked for a prompt ruling during that period.
What Happens to Hellerstein’s Cases
Trump's legal team is asking the Second Circuit to reverse Hellerstein's order denying permission to remove the case from state court.
The filing's conclusion asks the appeals court to remand the matter with instructions to grant Trump leave to remove the case and adopt the state trial court's judgment.
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Hellerstein also oversaw Nicolas Maduro's case in the Southern District of New York, where the Venezuelan leader faces federal charges following his capture and removal from power.
The judge's cases are expected to be randomly assigned to other judges in the Manhattan court.
Maduro's case on torture and drug trafficking charges was reassigned to U.S. District Judge Analisa Torres. His trial has been scheduled for June, and he has pleaded not guilty.
Who Was Judge Alvin Hellerstein?
Hellerstein died on Wednesday morning, two months short of his 93rd birthday.
"Judge Hellerstein was an insightful and dedicated lawyer who, following a distinguished career in the private sector, served with distinction for over 25 years as a distinguished jurist of this court," Laura Taylor Swain, the chief judge of the U.S. District Court for the Southern District of New York, said in a statement.
"His energetic and dedicated service to this Court continued until his death. He is greatly appreciated and will be sorely missed," she continued.
Born in New York City on December 28, 1933, Hellerstein graduated from Columbia Law School in 1956.
He then served in the U.S. Army's Judge Advocate General's Corps before working as a litigator at a New York law firm.
President Bill Clinton appointed him to the federal bench in 1998.
During his more than 25 years as a federal judge, Hellerstein presided over a wide range of significant cases, including litigation relating to the September 11, 2001, terrorist attacks.
Maduro's attorney also expressed condolences following the news of his death, saying in a statement, "We were saddened to learn of Judge Hellerstein's passing and offer our condolences to his family."
Contact Newsweek editors on this story: Matthew Robinson and Shakeema Edwards.
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