On Monday, October 14th, former President Trump’s lawyers filed an appeal at the United States Federal Second Circuit Court of Appeals in Manhattan, requesting to transfer Trump’s “hush money case” in New York State to federal court. This move would allow Trump to end the prosecution of the case once he returns to the White House.
Trump’s legal team cited a Supreme Court ruling from July, arguing that a former president should not be prosecuted for official acts during their term. They contended that in the “hush money case,” the jury improperly treated Trump’s official actions during his presidency as evidence.
On July 1st, the U.S. Supreme Court ruled that all official acts by former President Trump during his tenure are exempt, with lower courts determining which acts fall within the scope of official responsibility. This was seen as a significant legal victory for Trump.
In their complaint, Trump’s lawyers Todd Blanche and Emil Bove stated that the prosecutor “violated the Constitution by using official acts as evidence in grand jury litigation and trial, threatening the ability of all future presidents to perform this duty.”
Trump’s legal team argued that the charges in the state violated the powers granted to the President by the U.S. Constitution.
As the Republican presidential candidate, Trump will compete for the presidency on November 5th against Democratic presidential candidate Kamala Harris. If he wins, Trump could seek pardons for any federal judgments or request the new Attorney General to dismiss any pending criminal cases against him. However, state charges are not within the scope of presidential pardons and are not under the jurisdiction of the federal Justice Department.
According to U.S. law, civil or criminal cases brought against federal officials that relate to their duties during their term can be transferred to federal court.
On May 30th of this year, in the trial of the “hush money” case against Trump in New York, the jury found Trump guilty on all 34 criminal charges related to his concealment of a $130,000 “hush money” payment to an adult film actress during the 2016 U.S. presidential election, falsifying business records. Trump thus became the first former U.S. president to be convicted of serious crimes.
The presiding judge of the “hush money case,” New York State Supreme Court Judge Juan Merchan, postponed the sentencing date to November 26th, three weeks after the November 5th U.S. presidential election to avoid any suspicion of political motivation.
In Monday’s court documents, Trump’s lawyers expressed concerns again about Judge Merchan overseeing the trial, condemning the gag order issued against Trump and objecting to the judge’s daughter working at a digital agency for prominent Democrats. Merchan and the state appellate court rejected multiple recusal requests from Trump’s legal team.
At the end of August, Trump sought federal court intervention in the “hush money case,” but was unsuccessful. Federal District Judge Alvin Hellerstein rejected Trump’s request to transfer the case to federal court, noting that the trial involved “private, unofficial conduct beyond the scope of executive power.”
If the Second Circuit Court of Appeals rules against Trump, his legal team can continue to appeal to the U.S. Supreme Court.
The “hush money case” was brought by the office of Manhattan District Attorney Alvin Bragg, a Democrat. The office has not responded to the latest developments, but has previously opposed Trump’s attempt to move the case to another court on grounds of disrupting the litigation process.
(This article is based on reports from Reuters and The Hill)