{"id":3015,"date":"2024-10-15T17:53:44","date_gmt":"2024-10-15T17:53:44","guid":{"rendered":"https:\/\/usatrustedlawyers.com\/blog\/trump-counsel-again-asks-second-circuit-to-remove-ny-state-case-to-federal-court\/"},"modified":"2024-10-15T17:53:44","modified_gmt":"2024-10-15T17:53:44","slug":"trump-counsel-again-asks-second-circuit-to-remove-ny-state-case-to-federal-court","status":"publish","type":"post","link":"https:\/\/usatrustedlawyers.com\/blog\/trump-counsel-again-asks-second-circuit-to-remove-ny-state-case-to-federal-court\/","title":{"rendered":"Trump Counsel Again Asks Second Circuit to Remove NY State Case to Federal Court"},"content":{"rendered":"\n
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Defense counsel for Donald Trump has again urged a federal appellate court to remove the former president’s criminal case from state court.<\/p>\n<\/div>\n

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Trump’s attorneys argued that the appeals court should remand the case with the finding that Trump’s second attempt at removal was sufficient and that the case should proceed at the federal level.<\/p>\n<\/div>\n

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Trump was found guilty by a Manhattan jury in May of 34 counts of falsifying business records in connection with a scheme to suppress negative information about himself from the American electorate.<\/p>\n<\/div>\n

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His defense team sought to remove the case to federal court for the second time following the presidential immunity decision from the U.S. Supreme Court in July, which held that a former president cannot be prosecuted for official actions taken while in office.<\/p>\n<\/div>\n

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U.S. District Court Judge Alvin Hellerstein of the Southern District of New York swiftly rejected the request for removal. In his decision, Hellerstein\u2014who also rejected Trump’s pre-trial bid to move the case to federal court\u2014quoted his initial ruling in the matter.<\/p>\n<\/div>\n

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“Hush money paid to an adult film star is not related to a President’s official acts,” the judge found in July 2023. “It does not reflect in any way the color of the President’s official duties.”<\/p>\n<\/div>\n

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“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,” he added.<\/p>\n<\/div>\n

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Yet Bove and Blanche insist that Hellerstein was wrong when he rejected removal to the federal court.<\/p>\n<\/div>\n

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“This case presents complex first-impression issues relating to the Supremacy Clause, federal-officer removal, appearances of impropriety and conflicts in connection with an unprecedented and baseless prosecution of the leading candidate in the 2024 Presidential election, and the ability of future Presidents to serve the American people without fear of reprisal from hostile local officials,” the submission reads.<\/p>\n<\/div>\n

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The defense has repeatedly argued that the verdict cannot stand, as prosecutors introduced “official acts evidence” to both the grand and petit juries.<\/p>\n<\/div>\n

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Prosecutors have said the U.S. Supreme Court decision has no bearing on their case.<\/p>\n<\/div>\n

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Trump was originally scheduled to face sentencing on his criminal state case in July, though Acting Manhattan Supreme Court Justice Juan Merchan later granted a defense bid to push sentencing to after the Nov. presidential election.<\/p>\n<\/div>\n

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Merchan has yet to rule on a separate defense motion before him that the verdict should be set aside due to the Supreme Court’s decision on presidential immunity.<\/p>\n<\/div>\n

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A spokesperson with the Manhattan District Attorney’s Office declined to comment.<\/p>\n<\/div>\n

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Sentencing in the state case is tentatively scheduled for Nov. 26.<\/p>\n<\/div>\n

<\/div>\n","protected":false},"excerpt":{"rendered":"

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