Donald Trump’s Legal Team Seeks Federal Court Transfer for New York Hush Money Case

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Former President Donald Trump’s legal team makes a bold move to transfer the New York hush money case to federal court, potentially altering the course of his legal battle.

At a Glance

  • Trump’s lawyers file appeal to transfer NY hush money case to federal court
  • Defense argues jury improperly saw evidence of Trump’s official acts as president
  • Appeal challenges lower court’s decision that deemed hush money transactions private
  • Case involves 34 felony counts related to falsifying business records
  • Successful transfer could delay sentencing and impact case if Trump is re-elected

Trump’s Legal Team Seeks Federal Court Transfer

Former President Donald Trump’s attorneys have filed an appeal with the U.S. Court of Appeals for the Second Circuit, seeking to transfer his New York criminal hush money case to federal court. This move comes as Trump faces 34 felony counts related to falsifying business records for a hush money payment to adult film actress Stormy Daniels. The legal team’s strategy aims to address concerns about potential political bias and ensure fair treatment under the law.

The appeal challenges a previous decision by U.S. District Judge Alvin Hellerstein, who denied Trump’s request to move the case to federal court. Judge Hellerstein had ruled that the payments were private acts, not related to Trump’s official duties as president. However, Trump’s lawyers argue that this decision was based on flawed analysis and raise concerns about conflicts of interest and political motivations in the current proceedings.

Presidential Immunity and Evidence Concerns

A key argument in Trump’s appeal is that the jury improperly saw evidence of his official acts as president, which should be protected by presidential immunity. The defense contends that only a federal court can properly handle the complex issues of presidential immunity involved in the case. They argue that federal law should take precedence over state law for federal officers like the president.

“Nothing in the Supreme Court’s opinion affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority,” Judge Hellerstein wrote.

Trump’s legal team strongly disagrees with this assessment, claiming that Judge Hellerstein ignored key evidence and misapplied legal precedents. They seek a “fair and orderly litigation” of the presidential immunity defense in federal court, arguing that parts of the evidence should be excluded due to this immunity.

Potential Impact on Sentencing and Case Outcome

The timing of this appeal is crucial, as Trump’s sentencing is currently scheduled for November 26. If successful, the transfer to federal court could significantly delay the sentencing and potentially impact the case’s future. Trump’s lawyers argue that proceeding with sentencing would cause “irreparable harm” as they seek to transfer the case.

Furthermore, a successful transfer could allow Trump to dismiss the prosecution if he wins the presidency in the upcoming election. This possibility adds another layer of complexity to an already high-stakes legal battle, highlighting the intersection of law and politics in this case.

As the legal proceedings continue, the outcome of this appeal could have far-reaching implications for the case and potentially for the broader interpretation of presidential immunity. With Judge Juan Merchan expected to rule on Trump’s effort to dismiss the conviction based on presidential immunity by November 12, all eyes are on the courts as they navigate these unprecedented legal waters.

Sources:

  1. Trump again asks appeals court to move New York hush money case to federal court
  2. Trump urges appeals judges to move hush money case to federal court
  3. Donald Trump Asks Appeal Court For Second Chance
  4. Donald Trump Seeks Yet Another Delay to Hush Money Sentencing
  5. Trump Tries to Move Hush-Money Case to Federal Court Before Sentencing
  6. Trump tries once again to get NY hush-money case moved to federal court on immunity grounds