Trump seeks a reconsideration to transfer the hush money trial to a federal judicial forum.
On September 3rd, the district court released an inappropriate summary order of remand, disregarding established precedent and removal procedures, neglecting substantial evidence supporting the Second Removal Notice, and misinterpreting the role of federal courts in ensuring an unbiased setting for federal litigation in accordance with the federal-officer removal statute, claims Trump's latest court document.
Trump is challenging the judgment made by US District Court Judge Alvin Hellerstein last month, who declined to grant Trump the opportunity to bring up new arguments to shift the case after the Supreme Court's decision on presidential immunity this summer. Hellerstein asserted that Trump failed to demonstrate a compelling reason to reconsider his 2023 ruling, stating, "The Supreme Court's ruling has no bearing on my original findings that the silencing payments were personal actions, beyond the jurisdiction of presidential authority."
Trump's legal team alleges that Hellerstein incorrectly ascertained that the Supreme Court's presidential immunity ruling had no repercussions for Trump's hush money case.
"The district court disregarded the relevance and distinguishing features of Trump v. United States and delved into an analysis of the presidential immunity defense, which was utterly misguided in the context of preliminary removal proceedings and resulted in the erroneous conclusion that 'nothing' in the Supreme Court's post-trial decision influenced the district court's remand ruling," the filing argues.
Trump's attorneys are petitioning the appeals court to compel Hellerstein to examine their reasons for transferring the case to federal court.
Trump's lawyers had appealed Hellerstein's decision and requested to delay his sentencing. A federal appeals court panel rejected Trump's motion earlier this month, after the judge in charge of the state case agreed to push back Trump's sentencing until after the elections. Monday's filing furnishes the formal legal case by Trump's lawyers.
The Manhattan district attorney's response is due within a few weeks. Trump will then submit a rebuttal.
Trump is set to be sentenced around late November following a Manhattan jury's verdict of guilty on all 34 counts of falsifying business records in his hush money trial earlier this year. Trump can potentially face no imprisonment or up to four years for each count, which is legally capped at 20 years. If the motion for relocation is still pending by November 26, Judge Juan Merchan, who is presiding over the state case, will be unable to issue the final judgment or sentence Trump in that trial.
Trump has accused Merchan of bias and is seeking to remove the case on these grounds. Merchan had previously dismissed several of Trump's applications for his recusal.
Trump's lawyers argue in the new filing that the case must be moved to federal court to address the gag order imposed by Merchan, which they claim still stifles the GOP nominee's campaign speech prior to the election.
"There was also valid justification for the Second Removal Notice due to the need to safeguard the integrity of the 2024 Presidential election by affording President Trump a federal platform to seek immediate relief from an unconstitutional gag order that excessively limits his campaign speech," the filing asserts.
Trump is currently waiting for a judgment from Merchan on his motion to dismiss the conviction, based on his argument that evidence such as testimony from White House officials and tweets he posted while in office should be disregarded as a result of the Supreme Court ruling. Merchan stated he will render his decision on November 12.
The ongoing legal battle surrounding Trump's hush money case includes a focus on politics, as his lawyers argue that the district court should have considered the implications of the Supreme Court's presidential immunity ruling and its impact on the gag order imposed by the presiding judge, affecting Trump's campaign speech during the 2024 presidential election.
Moreover, Trump's legal team is making a political argument by highlighting the need to safeguard the integrity of the upcoming election, justifying the second removal notice to ensure a federal platform for Trump to seek immediate relief from the unconstitutional gag order.
