"The Motion Is Denied As Academic"

(If you interpret the order as a denial of leave, and not a summary remand, this doesn’t work. But I’ll bet this is their thinking.)

— Lisa Rubin (@lawofruby) September 5, 2024

Put another way, in Team Trump’s view, a stay would effectively revive their removal notice and prevent Merchan from sentencing Trump until it’s lifted. FIN.

— Lisa Rubin (@lawofruby) September 5, 2024

Lisa Rubin tried earlier to make a plausible argument that the judge had been "sloppy" in his order denying Trump's request to remove the New York criminal case to federal court:

But Hellerstein's order conflates summary remand, which is appealable as of right, with the denial of leave, which is not. And that sloppiness might be just the opening Team Trump needs to be able to keep the removal effort going, at least for now. FIN.

— Lisa Rubin (@lawofruby) September 4, 2024

I never thought much of that argument.  The federal judge just slammed the door on that avenue of appeal:

Judge Hellerstein has denied Trump's motion to stay the judge's decision to deny the former president's effort to move his Manhattan criminal case from state to federal court. https://t.co/onxYQdiYfL

— erica orden (@eorden) September 6, 2024

I would quote the order (it's only a paragraph long), except I can't copy it.  So, to summarize: the Court denied leave to file a second motion to remove (the first was denied months ago) "Because Trump had not shown good cause" (determination of "good cause" is at the discretion of the trial court. There can be "abuse of discretion," but that's as heavy a lift as arguing fact issues in an appellate hearing.) The Court then points out that, because the motion for leave was denied, the case never left New York state court, meaning "there has been no removal petition properly filed," and there is no action for the Court to stay (the request being denied by this order, i.e., to stay the denial of the request for permission to file a motion to remove.  Confused, yet?). My favorite line: "The motion is denied as academic."

This federal judge is "rigged," too, I'm sure.