(AFP) – Donald Trump’s lawyers late Thursday filed a request to have his hush money case moved to federal court as they seek a way to overturn the former US president’s felony conviction. In their filing, the lawyers cited the recent Supreme Court ruling on presidential immunity and requested that the US District Court in Manhattan take over the case. They also argued that the case violated the constitutional rights of the Republican presidential candidate ahead of November’s election.
“The ongoing proceedings will continue to cause direct and irreparable harm to President Trump -— the leading candidate in the 2024 Presidential election —- and voters located far beyond Manhattan,” lawyers Todd Blanche and Emil Bove wrote in their 64-page filing. Trump was convicted by a New York jury in May of 34 counts of doctoring business records to cover up hush money payments to porn star Stormy Daniels to stop her from disclosing an alleged affair ahead of the 2016 presidential election. He became the first former president ever convicted of a crime.
In July, the US Supreme Court ruled that a former president enjoys broad immunity from criminal prosecution, throwing a legal wrench into the cases facing Trump. The court held that former presidents enjoy “absolute immunity” from criminal prosecution for “official acts” taken while in office but can still face criminal penalties for “unofficial acts.” In their filing, Trump’s lawyers said the hush money case should be moved to federal court to afford him “an unbiased forum, free from local hostilities, where he can seek redress for these Constitutional violations.”
“Immediate access to such a forum is imperative and of the utmost urgency,” Blanche and Bove wrote. Trump and his lawyers have repeatedly claimed the New York district attorney’s case was unfair and politically motivated. His legal team in July asked the judge who presided over his hush money trial to throw out his conviction, citing the Supreme Court ruling. New York Judge Juan Merchan has said he will rule on the dismissal motion on September 16 and hold sentencing—if still necessary—on September 18.
“Federal institutional interests associated with the Presidency, Congressional and FEC regulation of federal elections, and the integrity of the upcoming 2024 Presidential election are at stake,” Blanche and Bove said in their filing. They also asked that sentencing be delayed until after litigation over the removal notice and said they would seek to have the case dismissed if their removal request was granted.
Trump has been doing everything in his power to delay multiple trials against him until after the election. He faces charges in Washington and the state of Georgia related to efforts to overturn the results of the 2020 election he lost to President Joe Biden.
© 2024 AFP
