NEW YORK — Former President Donald Trump has petitioned a federal court to intervene in his New York hush money criminal case, aiming to overturn his felony conviction and postpone sentencing scheduled for next month.
Trump’s legal team has requested that the federal court in Manhattan take over the case, asserting that the prosecution violated his constitutional rights and contradicted recent Supreme Court decisions regarding presidential immunity.
In their filing, Trump’s lawyers argue that transferring the case to federal court would provide an “unbiased forum, free from local hostilities.” They claim Trump has faced “bias, conflicts of interest, and appearances of impropriety” in the state court.
Should the case move to federal court, Trump’s attorneys intend to challenge the verdict and request case dismissal based on immunity claims.
If the case remains in state court and sentencing proceeds as planned on September 18—just weeks before Election Day—it could be considered election interference, they argue, potentially leading to Trump’s incarceration as early voting begins.
“The ongoing proceedings will continue to cause direct and irreparable harm to Trump—who is the leading candidate in the 2024 Presidential election—and voters across the nation,” Trump’s lawyers stated in a 64-page filing.
The Manhattan district attorney’s office has opted not to comment on the filing.
In May, Trump was convicted on 34 felony counts related to falsifying business records to conceal a $130,000 payment to adult film actress Stormy Daniels, amid allegations that the affair could have jeopardized his 2016 presidential campaign.
Trump’s former attorney, Michael Cohen, made the payment to Daniels and was reimbursed by Trump, with the company categorizing these reimbursements as legal expenses. Trump contends the allegations are baseless, arguing that the reimbursements were legitimate legal fees and that the case is a politically motivated “witch hunt” aimed at hindering his current campaign.
Even if the case does not move to federal court, ensuing legal maneuvers could delay sentencing, allowing Trump to navigate his legal challenges as he approaches the critical phase of his presidential campaign.
The trial judge is currently considering Trump’s motion to postpone sentencing until after Election Day, November 5, which could impact the upcoming election cycle.
In a landmark ruling, the Supreme Court in July limited the prosecution of ex-presidents for actions tied to their official duties, influencing the ongoing legal discussions surrounding Trump’s case.
Trump’s legal representatives claim that procedural errors occurred during the trial, asserting that evidence introduced violated the Supreme Court’s recent ruling on presidential immunity. This includes testimony regarding Trump’s response to media coverage and actions during his presidency that they argue should have been excluded from the trial.
While Trump’s initial attempt to remove the hush money case from state to federal court was denied, his lawyers maintain that circumstances have evolved since then, warranting a fresh consideration.
In Thursday’s filing, Trump’s team emphasized their belief that he is entitled to a federal forum to present his presidential immunity defense, referencing the Supreme Court’s ruling.
Additionally, Trump’s lawyers have accused the trial judge of bias due to familial connections to political affiliations, arguing that the judge’s ongoing gag order unfairly constrains Trump’s ability to respond to critiques during the campaign.
This month, the judge dismissed Trump’s request for recusal, asserting that the claims against his impartiality were unfounded. The gag order has been upheld in further court hearings.
Trump’s legal team continues to express concerns that the proceedings could lead to his incarceration during critical campaign moments, arguing that the judge’s restrictions are an unconstitutional infringement on his ability to engage with the electorate as he faces legal challenges.
