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In a surprising move, former President Donald J. Trump is looking to transfer his criminal case from New York State Supreme Court to federal court. This unexpected request will only be granted if a federal judge gives the green light, removing the case from its current jurisdiction. Trump’s legal team announced this plan on Thursday, nearly a month after the former president stood accused of 34 felonies in Manhattan. These charges stem from allegations of falsifying documents to cover up a sex scandal.
In response to the allegations, Mr. Trump is now planning to request a change in the court where his case will be heard. His legal team, headed by attorney Todd Blanche, will be seeking to submit a notice of removal in federal court in Manhattan. The decision will then fall to a judge, who will consider if the case should be moved from state court to federal court. This disclosure came during an unrelated hearing on Trump’s criminal case, held in state court.
The Manhattan district attorney’s office is handling the prosecution of Mr. Trump and has pushed for restrictions on his access to the evidence. This includes limiting how the former president can speak about the details of the evidence. However, it should be noted that Trump’s attempt to move the case to federal court will not immediately impact the state case. The federal judge may outright deny the request, or order a hearing to be held on the matter, but the state case will remain unchanged for the time being.
An attorney for Donald Trump told a Manhattan judge just now that he will seek to move his Manhattan criminal case to federal court.
— Graham Kates (@GrahamKates) May 4, 2023
State court Judge Juan M. Merchan presided over Thursday’s hearing and called for both the prosecution and defense to select a trial date for Mr. Trump in either February or March of next year. This would place the trial squarely in the middle of the presidential campaign, with Trump being a top contender. Furthermore, Judge Merchan has indicated his intent to restrict Trump’s ability to distribute selective evidence from the criminal case, posing a significant win for the district attorney.
District Attorney Alvin L. Bragg is expected to strongly oppose Trump’s bid for removal to federal court. This opposition is no surprise, as changes of venue in criminal cases are seldom granted. The district attorney’s office did not immediately respond to comment requests. Consequently, the former president’s gamble relies on an infrequently applied federal law provision, which allows defendants a 30-day window post-arraignment to submit a ‘short and plain statement of the grounds’ for venue change to federal court.
If a federal judge chooses to examine the submitted notice, they must do so promptly. In the event it appears clear that the venue change is unjustified, the judge will deny the request. If it proceeds without immediate denial, a hearing will be held to review the evidence before a final decision is made. Some argue that moving Mr. Trump’s case to federal court indicates that he has little to lose.
Judge Merchan, who presides over the case in state court, oversaw the Trump Organization’s tax fraud trial last year, which resulted in the company’s conviction by a jury. Additionally, the judge is a former prosecutor known for enforcing harsh sentences in white-collar cases. With this in mind, a fresh start in federal court might prove more favorable for the former president.
The root of the case against Trump is the payment of $130,000 to silence a porn star during the 2016 campaign. Trump’s ex-fixer, Michael D. Cohen, made the payment shortly before voters went to the polls on Election Day. After Trump won the presidency, he reimbursed Cohen for the payment.
Evidence shows that the reimbursement came in the form of 11 separate checks, nine of which bear Trump’s personal signature. These checks passed through the Trump Organization, which subsequently recorded the payments as being made for ‘legal services.’ The prosecution alleges that this recording is false.
Although the former president’s decision to move his criminal case from New York State Supreme Court to federal court is a significant gamble, it has been met with understanding from some in the conservative realm. This population recognizes the harsh nature of state court Judge Juan Merchan, who has a history of imposing strict sentences in white-collar cases.
Additionally, conservatives feel the move could be justified due to the political implications of having the trial take place during the heart of the presidential campaign. The contentious timing could potentially influence public opinion and sway voters during a critical period. Trump’s camp argues that navigating the case in federal court would provide a fairer and less politically-charged environment.
While it remains to be seen if this attempt to move the case to federal court will be successful, the request itself illustrates Trump’s resilience and determination to fight for his best interests. Conservatives are well aware of the former president’s past legal battles, which seem to be an ever-present aspect of his political endeavors.
As the trial looms closer and the presidential campaign heats up, one can expect the discussion around Trump’s case to intensify. The former president’s supporters will likely argue that the decision to move to federal court is both strategically sound and a necessary step in ensuring a fair trial.
Meanwhile, Trump’s detractors might perceive the move as an attempt to manipulate the legal system in his favor, resorting to a less-used provision of the law to do so. Regardless of the outcome, this case will undoubtedly continue to add fuel to the highly polarized political landscape.
In conclusion, former President Donald Trump’s effort to move his criminal case from New York State Supreme Court to federal court has sparked debates and brought forth arguments in support and opposition of the decision. As the trial gets closer and the presidential campaign intensifies, the public can expect to witness heated discussions surrounding the issue. Regardless of the outcome, Trump’s legal saga will undoubtedly contribute to the ever-present division in American politics.