Late Thursday, Donald Trump requested that a federal court take over his New York hush money criminal case, aiming to overturn his felony conviction and delay his sentencing, which is set for next month.
Trump’s legal team, representing the former president and current Republican nominee, has asked the federal court in Manhattan to assume jurisdiction from the state court where the case was initially handled. They argue that the prosecution infringed on Trump’s constitutional rights and conflicted with a recent Supreme Court decision regarding presidential immunity.
The lawyers contend that transferring the case to federal court would provide a neutral environment, free from local biases, to address these concerns. They plan to seek the overturning of the verdict and dismissal of the case if it is moved to federal court. If the case remains in state court, they argue that proceeding with sentencing could constitute election interference.
In their filing, Trump’s attorneys, Todd Blanche and Emil Bove, claimed that the ongoing legal process is causing significant harm to Trump, who is a leading candidate in the 2024 presidential race, and affecting voters beyond Manhattan.
Trump was convicted in Manhattan state court on 34 counts of falsifying business records related to a payment intended to suppress allegations of an affair that could have impacted his 2016 presidential campaign. Even if the case does not shift to federal court, the litigation surrounding Trump’s efforts could potentially delay the sentencing, providing him with a reprieve as he manages his criminal conviction and presidential campaign.
Separately, the state court judge, Juan M. Merchan, is considering Trump’s requests to delay sentencing until after the November 5 election and to overturn the verdict based on the Supreme Court’s recent ruling on presidential immunity.
The July 1 Supreme Court decision limits prosecutions of former presidents for official acts and constrains how such acts can be used to suggest that unofficial actions were illegal.
Trump’s legal team argues that, following this ruling, evidence related to his response to media coverage of the hush money deal, including testimonies from former White House staff, should not have been presented to the jury.
Previously, Trump’s team had unsuccessfully sought to move the case to federal court, with a federal judge denying the request last year and allowing the trial to proceed in state court.
U.S. District Judge Alvin Hellerstein had previously ruled that the charges were personal and not connected to Trump’s official duties.
