In a breaking development, former President Donald Trump has made a second attempt to transfer his New York criminal case to federal court, in a bid to escape the upcoming sentencing scheduled for September 18th by Judge Juan Merchan. Trump, who faces a 34-count felony conviction, is seeking to shift the case from state to federal jurisdiction, a move that was previously denied and is likely to fail again.
In the past 24 hours, two key events have unfolded. Firstly, it has become clear why MAGA supporters in Congress targeted Judge Merchan’s daughter, demanding access to her personal financial records. The attack on Merchan’s daughter, who works for a company supporting Democratic causes, seems to be a diversion tactic coordinated with Trump’s legal strategies.
This move coincided with Trump’s legal team filing a new notice of removal, aiming to have the case reassigned to federal court under Judge Alvin Hellerstein in the Southern District of New York.
This new filing mirrors Trump’s earlier, unsuccessful attempt to argue that his actions, which led to the charges, were carried out under his capacity as a federal officer. Trump’s defense claims that certain actions related to the Stormy Daniels hush money payments, which took place after his election as president, should qualify his case for federal jurisdiction.
However, the court previously ruled that the case, rooted in Trump’s personal conduct rather than his official duties, does not meet the criteria for federal removal.
Judge Hellerstein had previously rejected a similar motion in July 2023, determining that the actions at the heart of the case were personal and unrelated to Trump’s official capacity as president. This included the hush money payments, which were orchestrated by Trump’s former lawyer, Michael Cohen, and executed through private transactions, not linked to his presidential duties.
Moreover, a recent ruling by the 11th Circuit Court of Appeals concerning former Trump Chief of Staff Mark Meadows has further complicated Trump’s case. The court determined that former federal officers do not have the right to remove their cases to federal court, a precedent that could also apply to Trump, who is no longer a sitting president.
Trump’s legal team is also accused of attempting to use this motion to delay the sentencing and avoid the release of potentially damaging information from the Manhattan District Attorney’s sentencing memo. Despite these efforts, legal experts believe that Trump’s latest bid to move his case to federal court is unlikely to succeed. Judge Hellerstein is expected to deny the motion, affirming that the case remains within the jurisdiction of the state court.
This ongoing legal battle underscores Trump’s attempts to navigate the complex legal landscape while campaigning for the presidency. As the September 18th sentencing date approaches, all eyes will be on the courtroom to see whether Trump’s strategies will yield any success, or if he will be held accountable under the current state-level convictions.
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