In the hush money trial against former US President Donald Trump, his lawyers have filed a motion to transfer the case to a federal court. The lawyers cited the Supreme Court’s recent ruling on partial presidential immunity and requested that the federal court in Manhattan take over the case. They also argued that the trial violates the Republican presidential candidate’s constitutional rights before the election in November.
The ongoing proceedings will cause “direct and irreparable harm” to Trump, lawyers Todd Blanche and Emil Bove argued in their motion with a view to the presidential election in November.
The transfer to a federal court should provide Trump with “an unbiased forum, free from local hostility, in which he can seek redress for these constitutional violations,” the lawyers said.
On May 30, a New York jury found Trump guilty on all 34 counts of using falsified business documents to conceal a hush money payment made to former porn actress Stormy Daniels before the 2016 election. The 78-year-old is the first former US president in history to be convicted of a criminal offense.
In July, the U.S. Supreme Court ruled that a former president enjoys broad immunity from criminal prosecution for “official acts” while in office – but not for “unofficial acts.”
In July, Trump’s lawyers asked New York judge Juan Merchan to overturn the conviction. Merchan said he would rule on the motion to overturn the conviction on September 16 and, if necessary, announce the sentence on September 18. The date is just a few weeks before the presidential election on November 5, in which Trump will once again run for the Republicans.
In mid-August, Trump requested that the date for possible sentencing be postponed until after the election.
A prison sentence for the 78-year-old, who is running against Democratic presidential candidate Kamala Harris in the November election, is considered unlikely. Since Trump has been convicted of a criminal offense for the first time and the offense is not violent, experts expect a suspended sentence or a fine. However, Trump’s lawyers want to have the guilty verdict completely annulled.
