Former President Donald Trump has filed a petition to move his New York state criminal case to a federal court in Manhattan and postpone his upcoming sentencing for a conviction on 34 counts of falsifying business records. The petition was filed on Thursday, seeking confirmation from the federal court that he cannot be sentenced while the litigation over the removal to federal court is pending. Trump’s legal team argues that the prosecution has caused ongoing harm to the presidency and must be stopped to prevent adverse impacts on the operations of the federal government for generations.
Currently, Trump’s sentencing is scheduled for September 18, but Judge Juan Merchan is expected to rule in early September on a motion from Trump’s legal team to delay it until after the election. Trump’s lawyers have intervened in the case to correct what they perceive as constitutional violations that Trump has endured in his New York state criminal prosecution. They argue that ongoing proceedings are causing direct and irreparable harm to Trump, who is a leading candidate in the 2024 Presidential election, as well as to voters beyond Manhattan. They specifically highlight First Amendment violations and an unjust sentencing that could lead to Trump’s immediate incarceration and prevent him from continuing his campaign.
Trump’s lawyers reference the recent US Supreme Court decision that granted Trump broad immunity for official acts, arguing that evidence of a president’s official acts should not be used in a trial. They point to testimony from Hope Hicks and tweets from Trump’s Twitter account presented during the trial as evidence of this violation. Judge Merchan is expected to rule on this motion to vacate the state conviction and potentially move the case to federal court around the time of Trump’s sentencing. A previous request from Trump to move the case to federal court was rejected last summer by a federal judge who ruled that the allegedly illegal conduct was not related to Trump’s role as president.
The filing contends that Trump is entitled to a federal review of the case based on the Supreme Court decision, and that the charges against him should be dismissed. The Presidential immunity doctrine recognized in the Supreme Court decision pertains to all criminal proceedings, including grand jury proceedings and trials where evidence of official acts is used. Trump’s legal team argues that the Manhattan District Attorney’s Office violated this doctrine by presenting evidence of Trump’s official acts in grand jury proceedings and at trial. The story has been updated with additional details, indicating that the legal battle over Trump’s fate continues to unfold in the court system.
