Donald Trump Seeks to Have His Case, Where He Was Found Guilty of Falsifying Business Records, Transferred to a Federal Court
Donald Trump, former U.S. president, has once again resorted to a legal maneuver to avoid being sentenced on 34 charges related to falsifying business records. These charges are connected to the payment of hush money to former pornographic actress Stormy Daniels. Trump’s legal team is seeking to have the case, which is currently in a New York court, transferred to a federal court.
The defense’s strategy is to delay the sentencing as long as possible. They have formally requested the federal court to confirm that the Republican, who is aiming for another term as president, cannot be sentenced while the litigation over transferring the case to federal court is still pending.
The request states, “These constant damages must stop. The imminent elections cannot be repeated. The unaddressed harm to the Presidency resulting from this undue process will negatively affect the operations of the federal government for generations. Therefore, President Trump respectfully requests that the Court (i) accept this second notice of removal; (ii) confirm that Judge Merchan cannot sentence President Trump during the litigation on this second notice of removal because the sentence would result in a prohibited ‘judgment of conviction.’”
Trump’s legal team aims to delay the resolution of his legal matters until after the elections. The 78-year-old Republican’s lawyers argue that constitutional violations occurred during the presentation of his case before Colombian-born Judge Juan Merchan, rendering the verdict unfounded.
They further claim that “President Trump is entitled to a federal forum to defend his presidential immunity based on the Supreme Court’s decision in Trump v. United States. That decision demonstrates that the defense is much more than plausible. Once this case is properly removed, President Trump will establish that the charges must be dismissed. Specifically, the presidential immunity doctrine recognized in Trump v. United States applies to all ‘criminal proceedings,’ including grand jury proceedings when a prosecutor ‘attempts to indict’ a former president using evidence of official acts,” the lawyers’ request states.
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