Trump’s legal team, which previously failed to move the case to federal court before the trial, is now seeking “an impartial forum, free from local animosity.” He stated that in state courts, Trump has faced “bias, conflicts of interest, and improper appearances.” If the case moves to federal court, Trump’s lawyers plan to have the verdict overturned and the case dismissed on immunity grounds.
Trump’s sentencing in state court is scheduled for Sept. 18, about seven weeks before Election Day. His lawyers argued that continuing the sentence at that time would amount to election interference, raising concerns that Trump could be jailed when early voting begins.
“The ongoing proceedings will continue to cause immediate and irreparable harm to President Trump – the leading candidate in the 2024 Presidential election – and voters far from Manhattan,” Trump’s lawyers Todd Blanche and Emil Bove wrote in a 64-page US District Court filing. . .
The Manhattan district attorney’s office, which is prosecuting the case, declined to comment. A spokesman for the New York state court system also did not respond to a request for comment.
In May, Trump was convicted of 34 felony counts of falsifying business records. This is related to a $130,000 cash payment to adult film actress Stormy Daniels during his 2016 presidential run. The payment was made by Trump’s former lawyer Michael Cohen and later returned by Trump. These reimbursements are recorded as legal fees. Trump maintains that the allegations about the affair are false, that he is compensated for his legal work, and that the logs are accurate. He claimed the case was part of a politically motivated “witch hunt” to damage the current presidential campaign. Even if the case is not moved to federal court, subsequent legal maneuvers could delay Trump’s sentencing, giving him critical time to organize. after a criminal conviction and the final stages of a White House campaign. Separately, the trial judge, Juan M. Merchan, considered Trump’s request to delay sentencing until after Election Day on November 5 and vacated the ruling because of the Supreme Court’s ruling on presidential immunity. The Supreme Court’s July 1 ruling limited the prosecution of former presidents to official acts and limited evidence showing the president’s unofficial acts as illegal. Trump’s lawyers argued that prosecutors rushed to trial without waiting for this Supreme Court ruling, and that the court was “tainted” by evidence that was inadmissible under the ruling. He shared testimony from former White House staffers about Trump’s reaction to news coverage of the money deal and tweets from 2018.
Trump’s lawyers previously invoked presidential immunity in a failed attempt last year to move the quiet money case to federal court. U.S. District Judge Alvin Hellerstein dismissed this, stating that the allegations in the indictment were personal in nature, unrelated to Trump’s official duties as president.
“The evidence shows that these matters are the president’s personal stuff – a shameful cover-up,” Hellerstein wrote in July 2023.
“The hush money paid to adult movie stars has nothing to do with the president’s official actions. It does not reflect in any way the color of the president’s official duties,” Hellerstein added.
Trump’s lawyers argued in a new filing that things have changed since the initial request was denied. He claimed state prosecutors misled the court by earlier insisting that the trial would not involve Trump’s official duties or presidential conduct.
They referred to Cohen’s testimony about Trump’s use of the pardon power and his reaction to various investigations into Trump’s actions during his presidency, which they argued should be considered in federal court.
“President Trump is entitled to a federal forum to invoke Presidential immunity based on the Supreme Court’s decision in Trump v. United States,” Blanche and Bove wrote. “Once this case is properly cleared, President Trump will determine whether the charges should be dismissed.”
Lawyers also reiterated that Judge Merchan treated Trump unfairly because of a conflict of interest, noting that Merchan’s daughter is a Democratic political consultant. He argued that the judge imposed an illegal gag order on Trump, limiting his ability to respond to political attacks.
Merchan recently rejected Trump’s request to step down, calling the request “replete with inaccuracies and unsubstantiated claims” about impartiality. A state appeals court upheld the gag order.
“Merchan is poised to arrest President Trump in the final weeks of the campaign, and he has withheld previous illegal and unconstitutional restrictions on President Trump’s ability to respond to political attacks by criticizing New York County proceedings,” Blanche and Bove said.
With input from AP and other agencies
