 It has been reported that Trump will claim immunity because some of the checks signed for the records were done while he was president. CBS News legal contributor Jessica Levinson. The federal judge already looked at this because former President Trump's team tried to get that New York state case removed up to the federal court. They thought they might get a better jury, I believe, in federal court. And so a federal judge already looked at those actions and said, I'm not seeing anything that looks like an official act.