Trump seeks to move hush money case to federal court.
Lawyers representing Donald Trump have requested a federal appeals court to reconsider their position regarding the former president’s hush money case in New York, seeking to have it transferred to federal court.
In their latest court filing, they stated, “On September 3, the district court issued a summary remand order that misinterpreted established precedent and the statutory removal process, overlooked crucial evidence supporting the Second Removal Notice, and misunderstood the duty of federal courts to ensure an impartial federal forum for the fair litigation of federal defenses under the federal-officer removal statute.”
Appeal
This appeal follows a ruling from US District Court Judge Alvin Hellerstein last month, who denied Trump’s request to present a new argument for moving the case after the Supreme Court’s decision this summer regarding presidential immunity. Hellerstein concluded that Trump failed to demonstrate “good cause” for reconsideration, noting, “Nothing in the Supreme Court’s opinion alters my earlier determination that the hush money payments were private, unofficial actions, beyond the scope of executive authority.”
Hellerstein
Trump’s legal team argues that Hellerstein wrongly concluded that the Supreme Court’s ruling on presidential immunity does not influence the former president’s hush money case. “The district court overlooked the importance and essential aspects of Trump v. United States and moved forward with a merits analysis of the presidential immunity defense, which was entirely inappropriate given the context of preliminary removal proceedings.
This led to the incorrect claim that ‘nothing’ in the Supreme Court’s post-trial ruling affected the district court’s earlier remand decision.” They are requesting the appeals court to instruct Hellerstein to consider their arguments for transferring the case to federal court. Trump’s attorneys had previously appealed Hellerstein’s ruling and sought to pause his sentencing.
Federal Rejection
Last month, a federal appeals court panel rejected Trump’s request after the judge in the state case agreed to delay the GOP nominee’s sentencing until after Election Day. The filing on Monday represents the formal legal stance from Trump’s lawyers. The Manhattan district attorney’s office is expected to submit their brief in a few weeks, after which Trump will provide a response. The former president is scheduled for sentencing in late November following a Manhattan jury’s verdict of guilty on all 34 counts of falsifying business records in his hush money trial earlier this year.
Trump could potentially face no jail time or up to four years for each count, with a legal maximum of 20 years. If the motion for removal remains unresolved by November 26, Judge Juan Merchan, who is managing the state case, will be unable to issue a final judgment or sentence Trump in that matter.
Accusations of Bias
The former president has accused Merchan of showing bias and is trying to have the case dismissed on those grounds. Merchan has already turned down several requests from Trump for his recusal. In a recent filing, Trump’s legal team argues that the case should be transferred to federal court to address the gag order imposed by Merchan, which they claim continues to limit the GOP nominee’s ability to campaign ahead of the election.
“The Second Removal Notice is justified as it aims to safeguard the integrity of the 2024 Presidential election by allowing President Trump a federal venue to seek immediate relief from an unconstitutional gag order that unfairly limits his campaign speech,” the filing states. Trump is currently waiting for Merchan to make a decision on his motion to overturn the conviction, arguing that certain evidence, including testimonies from White House officials and tweets made during his presidency, should be excluded based on a Supreme Court ruling. Merchan has indicated he will make a ruling on this motion by November 12.