Lawyers representing former President Donald Trump are seeking to have his New York criminal trial moved to federal court, arguing that he has become a victim of Constitutional violations. They claim that the ongoing proceedings are causing irreparable harm to Trump, who is a leading candidate in the 2024 Presidential election. They argue that an unjust sentencing is scheduled to occur on September 18, 2024, which could result in Trump’s immediate and unconstitutional incarceration and prevent him from continuing his campaign.
In May, Trump was found guilty on 34 counts of falsifying business records in the first degree following a trial stemming from Manhattan District Attorney Alvin Bragg’s investigation into alleged hush money payments before the 2016 presidential election. Trump’s attorneys claim that Bragg’s office violated the Presidential immunity doctrine in grand jury proceedings and at trial by relying on evidence of Trump’s official acts during his first term in office. They cite a recent Supreme Court ruling that the use of official-acts evidence in connection with a prosecution arising out of unofficial conduct threatens the structure of the federal government.
The attorneys argue that the Manhattan DA’s investigation violates many provisions of the United States Constitution and is contradicted by the Supreme Court’s decision on Presidential immunity. They believe the case should be moved to federal court and dismissed. A federal judge had previously rejected an attempt by Trump to move the case away from New York state court in July 2023, stating that hush money paid to an adult film star is not related to a President’s official acts and does not reflect the color of the President’s official duties.
The lawyers representing Trump contend that post-trial removal is necessary to provide an unbiased forum free from local hostilities where Trump can seek redress for the alleged Constitutional violations. They argue that Trump’s ability to carry out his vital duties as President, as intended by the Framers of the Constitution, is at risk if violations of Presidential immunity are allowed to continue. The legal team is working to overturn Trump’s conviction and prevent what they believe is an unjust sentencing that could impact his ability to continue his campaign.
Trump’s campaign spokesman expressed support for moving the case to federal court and having it dismissed, claiming that the Manhattan DA’s investigation is a “Witch Hunt” that violates the Constitution. The legal team is determined to protect Trump’s rights and ensure that the trial proceedings do not impede his ability to run for office in the upcoming election. Despite a previous rejection of an attempt to move the case to federal court, the lawyers are still fighting to have the trial removed from New York state court in order to secure a fair and impartial outcome for Trump.
