By NEW YORK — Donald Trump is making a second effort at getting his state court hush money case removed to federal court as his lawyers engage in aggressive efforts to get his sentencing postponed until after the November election.
In a filing Thursday evening, Trump attorneys Todd Blanche and Emil Bove argued that the former president and current GOP nominee is being harmed by actions taken by the state court judge who has overseen the New York case.
Trump was convicted in May of 34 counts of falsifying business records in connection with a hush money payment ahead of the 2016 election. He is scheduled to be sentenced on Sept. 18.
“The ongoing proceedings will continue to cause direct and irreparable harm to President Trump … and voters located far beyond Manhattan,” Blanche and Bove wrote.
Their filing cited a recent Supreme Court decision giving broad immunity to sitting presidents from actions that relate to official duties. While that ruling stemmed from a different criminal case against Trump, his legal team has since argued that a significant part of the Manhattan district attorney’s hush money case relied on evidence and testimony connected to his first year in the White House.
“The U.S. Supreme Court recently ruled that these types of violations threaten the structure of the federal government and the ability of future Presidents to carry out their vital duties in the way the Framers intended,” the filing said.
U.S. District Court Judge Alvin Hellerstein rejected Trump’s initial removal efforts last year, concluding that Manhattan District Attorney Alvin Bragg’s felony case was being properly handled in New York state court and was not connected to the former president’s official duties while in office.
If Hellerstein agrees to hear arguments on the new filing, it could affect the timeline of proceedings in state court.
New York Supreme Court Justice Juan Merchan is expected to rule soon on a request from Trump’s lawyers to postpone his sentencing until after the Nov. 5 election. Merchan is also scheduled to decide on Sept. 16 if the presidential immunity doctrine should have any bearing on Trump’s conviction.
