Former President Trump requested federal court intervention in his “hush money” criminal case in New York on Thursday, August 29, seeking to overturn the guilty verdict and delay his sentencing next month.
Trump’s lawyers asked the Manhattan federal court to take over the case, arguing that this historic prosecution violated Trump’s constitutional rights and contradicted the recent Supreme Court ruling on presidential immunity.
Last year, Trump’s lawyers attempted to transfer the case to federal court during pretrial proceedings, but their efforts ended in failure.
They argue that moving the case to federal court now would provide a “fair forum” and eliminate the influence of local adversaries. They claim that in state court, Trump has been a victim of “bias, conflicts of interest, and misconduct.”
Trump’s lawyers stated that if the case is transferred to federal court, they will seek to overturn the verdict and dismiss the case based on immunity claims.
They emphasized that if the case remains in state court and Trump’s sentencing proceeds as scheduled on September 18, just about seven weeks before election day, it could disrupt the election.
The request made by Trump’s team on Thursday will be ruled on by the same Manhattan federal judge who previously rejected Trump’s earlier request to transfer the case.
In a lengthy 64-page document, Trump’s lawyers, Todd Blanche and Emil Bove, wrote: “The ongoing litigation will continue to cause direct and irreparable harm to President Trump, a major candidate in the 2024 presidential election, and voters far beyond Manhattan.”
The Manhattan District Attorney’s office declined to comment on the matter.
On July 1, the U.S. Supreme Court ruled that the president, while in office, enjoys absolute immunity from criminal prosecution and that other “official acts” should be presumed as immunized, unless it’s proven that these acts go beyond official duties.
Trump’s lawyers argued that the prosecutor didn’t wait for the Supreme Court’s ruling on presidential immunity and hastily proceeded to trial, using evidence that should not have been used, thus impacting the trial.
Additionally, State Court Judge Juan M. Merchan, who presides over the trial, is considering Trump’s request to delay the sentencing until after the November 5 election day and then overturn the verdict and dismiss the case following the Supreme Court’s immunity ruling.