A federal judge announced on Tuesday that he will not take control of the hush money case against former President Donald Trump in New York, nor will he intervene to stop the upcoming criminal sentencing.

Trump requested that federal Judge Alvin Hellerstein handle the case, claiming that state Judge Juan Merchan is biased and that a federal court should address his appeal to have the conviction dismissed before the sentencing set for September 18.

The ex-president argues that the trial presented evidence contradicting the Supreme Court’s ruling from July 1 regarding presidential immunity, which limits prosecutions related to the performance of presidential duties.

However, Hellerstein expressed on Tuesday that claims concerning potential biases of state judges should be addressed by state appeal courts rather than federal courts. He also noted that it is inappropriate for Trump to transfer the case to federal court at this point since the prosecution is unrelated to any official actions of the presidency.

Hellerstein referred to a past ruling made prior to Trump’s trial, which stated that the hush money payments made to a porn star do not pertain to a president’s official duties.

“Nothing in the Supreme Court’s opinion alters my previous conclusion that the hush money payments were personal actions, not within the scope of presidential authority,” Hellerstein stated.

On May 30, Trump was found guilty of 34 counts of felony falsification of business records, which prosecutors claimed was part of a scheme to illegally influence the 2016 election. They argued he acted to keep information about allegations from porn star Stormy Daniels – which Trump denies – regarding an alleged affair in 2006 from voters.

The business records in question involved reimbursement to Trump’s former attorney, Michael Cohen, who had paid Daniels $130,000 just days before the 2016 election to ensure her silence. A Manhattan jury found that the records were misleadingly documented as payments for legal expenses under an attorney-client agreement.

The charges against Trump could lead to a prison sentence of several years, although there is no specific minimum required.

Trump’s attempt to transfer the case to federal court is part of a broader strategy to postpone or evade sentencing, which also includes his arguments for presidential immunity and a separate request to postpone sentencing until after the presidential election. Judge Merchan is set to address the immunity argument on September 16, just two days before the scheduled sentencing.

The Manhattan District Attorney’s office, which brought the charges, has opposed Trump’s motion regarding immunity but remained neutral on his request to delay sentencing.