Donald Trump’s lawyers are making another attempt to have his criminal hush money case heard in federal court rather than state court, which could potentially delay his sentencing date next month. This motion for removal is based on the Supreme Court’s ruling on presidential immunity from prosecution for official acts. A federal judge previously denied a similar attempt to move the case last year. Trump was convicted on 34 felony counts of falsifying business records in New York state court in May and his sentencing is scheduled for September 18 before New York County Supreme Court Justice Juan Merchan.
In addition to requesting that the case be moved to federal court, Trump’s lawyers are also asking for confirmation that Justice Merchan cannot sentence the former president during the litigation of this second removal notice. The lawyers are citing a recent Supreme Court ruling that stated presidents have some immunity from criminal prosecution for official acts. They argue that this ruling means that prosecutors cannot use evidence related to official acts in a prosecution based on unofficial conduct. To move a state criminal case to federal court, under the statute mentioned in Trump’s filing, the individual must be a “federal officer” and must have defenses rooted in the U.S. Constitution or statutes.
The lawyers for Trump are asserting that he should be allowed to pause his sentencing while the removal notice is litigated, as the statute prohibits the entry of a “judgment of conviction” before the case is remanded back to state court. The Manhattan district attorney’s office, which presented the case to a grand jury and prosecuted it, has not yet responded to the recent filing. The criminal case in which Trump was convicted revolves around hush money payments made to adult film actor Stormy Daniels in the final weeks of the 2016 presidential campaign.
Earlier this month, Trump’s attorneys requested Merchan to delay the September 18 sentencing until after the November presidential election, but the judge has not made a ruling on that request. Trump’s legal team is clearly making an effort to challenge the conviction and sentencing process by seeking to move the case to federal court and arguing for a delay based on various legal arguments and Supreme Court rulings related to presidential immunity. It remains to be seen how the court will respond to these requests and whether they will have an impact on the timing and outcome of Trump’s criminal case.
