attorneys for Donald Trump He argued for a second time Thursday that his criminal case should be tried in federal court rather than state court, which could delay the former president’s sentencing date next month.
The main reason for bringing the case to federal court is citing the Supreme Court’s decision in July that the president has the right not to be prosecuted for official acts.
A federal judge refused a previous attempt to move the suit last year.
A Manhattan jury convicted Trump on 34 felony counts of falsifying business records in New York state court in May. Judge Juan Merchan of the New York District Supreme Court is scheduled to be sentenced on September 18.
In addition to requesting that the case be sent to federal court, Trump’s attorneys asked the court to “certify that Justice Merch cannot rule against President Trump during this Second Takedown Notice litigation.”
Trump’s lawyers cited a Supreme Court ruling last month that said presidents have certain immunities from criminal prosecution for official acts. The filing, filed Thursday, claimed the ruling means “prosecutors can’t use official evidence in connection with charges they allege stemmed from informal conduct.”
Under the law Trump cited, to bring a state criminal case to federal court, a person must be a “federal officer” and show that the defense includes colorable arguments based on the U.S. Constitution or laws.
Trump’s attorneys argue that he has the right to stay his sentence while the removal notice is being filed because the law prohibits the entry of a “conviction order” before the case is returned or remanded to state court.
The Manhattan district attorney’s office, which presented the case to a grand jury and prosecuted him, did not immediately respond to a request for comment Thursday evening.
Trump’s criminal case — a first for a former president — centers on hush money payments made to adult film actor Stormy Daniels in the final weeks of the 2016 presidential campaign.
Trump’s lawyers this month asked Merchan to delay his September 18 sentencing after the November presidential elections. Merchan has not yet decided on the request.