President Trump is moving the hush money case to federal court.
Lawyers representing Donald Trump are asking a federal appeals court to reconsider their position in the former president’s hush-money case in New York and are seeking a transfer to federal court.
In their latest court filing, they said: “On September 3, the district court issued a summary remand that misunderstood established case law and the statutory removal process, overlooked key evidence supporting the second notice of removal, and misunderstood the federal court’s duty to ensure that is an impartial federal forum for fair litigation regarding federal defense under the Federal Employees Removal Act. ”
bring the action
The appeal follows a ruling last month by U.S. District Judge Alvin Hellerstein denying President Trump’s request to present new arguments to move the case after this summer’s Supreme Court ruling on presidential immunity. be. Hellerstein concluded that President Trump had failed to prove “good cause” for reconsideration, saying, “The Supreme Court’s opinion is that hush money payments are private, informal payments that are beyond the scope of the executive branch’s authority.” “This does not change the previous judgment that the act was an act by a person.”
hellerstein
Mr. Trump’s lawyers argue that Mr. Hellerstein incorrectly concluded that the Supreme Court’s ruling on presidential immunity has no effect on the former president’s hush-money lawsuits. “The district court overlooked the importance and essential aspects of Trump v. United States and proceeded to analyze the merits of the presidential immunity defense, which was wholly inappropriate given the circumstances of the preliminary removal proceedings.
This gave rise to the erroneous assertion that “nothing” in the Supreme Court’s post-trial decision affected the district court’s earlier remand decision. ” They are asking the appellate court to direct Hellerstein to consider arguments to transfer the case to federal court. Mr. Trump’s lawyers had previously appealed Mr. Hellerstein’s ruling, asking for it to be suspended.
federal denial
Last month, a federal appeals court panel rejected Trump’s request after a judge in the state case agreed to delay the Republican candidate’s decision until after Election Day. Monday’s filing represents the official legal position of Mr. Trump’s lawyers. The Manhattan District Attorney’s Office is expected to submit its brief in the coming weeks, after which President Trump is expected to respond. The former president is scheduled to be sentenced in late November after a Manhattan jury found him guilty of all 34 counts of falsifying business records in a hush money trial earlier this year.
Trump could face either no prison sentence or up to four years on each charge (the statutory maximum is 20 years). If the removal motion remains unresolved by Nov. 26, Judge Juan Melchán, who is presiding over the state case, will not be able to make a final ruling on the matter or sentence Mr. Trump.
accusation of bias
The former president has accused Marchand of showing bias and is trying to have the case dismissed on that basis. Marchand has already turned down multiple requests from Trump to resign. In recent filings, Trump’s lawyers have argued that the case should be transferred to federal court to address the gag order imposed by Marchand and his ability to campaign before the election. claims that it continues to be restricted.
“The second takedown notice is intended to protect the integrity of the 2024 presidential election by granting President Trump federal venue to seek immediate relief from an unconstitutional gag order that unfairly restricts his campaign speech. , is justified,” the application states. President Trump is currently awaiting Marchand’s decision on a motion to overturn the conviction, and certain evidence, such as testimony from White House officials and tweets made during his time in office, is based on the Supreme Court’s ruling. They argue that it should be excluded. Marchand said he intends to rule on the motion by Nov. 12.
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