In a strategic legal move, Donald Trump is attempting to shift his hush-money case from New York state court to federal court in an effort to avoid an upcoming sentencing. The former president’s legal team has filed a new motion, just weeks before his sentencing, which is currently scheduled for September 18.
Facing 34 felony counts for falsifying business records related to hush-money payments, Trump’s lawyers are seeking to delay the state court proceedings. They have requested to postpone the sentencing until after the November 2024 presidential election, in which Trump is the Republican nominee. In addition to this delay, his attorneys have now filed a motion with federal judge Alvin K. Hellerstein to move the case out of the jurisdiction of New York’s state court.
In their filing, attorneys Todd Blanche and Emil Bove argued that the ongoing proceedings would cause “direct and irreparable harm” to Trump’s presidential campaign and to voters far beyond Manhattan. This new motion adds a second layer to Trump’s legal strategy, as he continues to navigate multiple legal challenges while campaigning for the presidency.
The Manhattan District Attorney, Alvin Bragg, has previously dismissed requests from Trump’s legal team as lacking merit. Bragg’s office prosecuted the case involving payments made to adult film star Stormy Daniels in 2016 to prevent her from discussing an alleged affair with Trump. A jury found Trump guilty of attempting to influence the 2016 election results through these payments, and he now faces up to four years in prison.
Judge Juan Merchan, who oversaw the trial, is currently considering a previous request from Trump’s lawyers to postpone the sentencing. It remains unclear how this new motion to transfer the case to federal court will impact the current proceedings.
However, there are risks to this strategy. The New York Times reports that Judge Merchan could perceive the filing as an attempt to undermine his authority, potentially resulting in a stricter stance against Trump. Merchan has already imposed fines on Trump for violating a gag order during the trial and has dismissed multiple motions from Trump’s team seeking his recusal.
Previous Court Decisions and Ongoing Legal Battles
This is not the first time Trump’s legal team has attempted to move the case to federal court. A similar request was made last year but was rejected by Judge Hellerstein, who concluded that Trump’s actions concerning the hush-money payments did not constitute official presidential duties. Hellerstein reiterated that paying hush money to an adult film star does not fall under a president’s official acts.
Trump’s attorneys argue that the state court system is inadequate for handling a case with significant federal implications. They claim that keeping the case at the state level would lead to further harm to Trump’s reputation and political ambitions.
The request for transfer to federal court is particularly significant in light of a recent Supreme Court ruling that former presidents have absolute immunity for official acts performed while in office. While this ruling has affected other legal cases against Trump, Judge Hellerstein has maintained that the hush-money case does not involve any official presidential actions.
It is still unclear when Judge Hellerstein will respond to the new filing or if he will grant a hearing. As Trump continues his campaign for the 2024 presidential election, he faces multiple legal battles, including this hush-money case, which remains a significant hurdle.
The outcome of this latest legal maneuver could have substantial implications for Trump’s political future and his efforts to regain the White House.