Overview
- Appeals judges vacated the district court’s denial, saying they were not confident it weighed key issues including whether trial evidence touched protected official acts and whether Trump showed good cause for late removal.
- The panel expressed no view on the outcome and told Judge Alvin Hellerstein he may seek further briefing or hold a hearing before ruling again.
- Trump argues the Supreme Court’s 2024 immunity decision bars use of certain presidential-era evidence, pointing to testimony from White House aides, social media statements, and Oval Office discussions.
- Manhattan prosecutors counter that the case concerns private conduct and that the removal effort came too late under statutory timing rules.
- Separately, the Justice Department urged a New York appeals court to overturn the conviction, saying official-acts evidence was improperly used and that federal election law preempted the legal theory, while Trump continues his state appeal.