Former President Donald Trump asked a federal court late Thursday to intervene in his New York hush money criminal case, seeking a pathway to overturn his felony conviction and indefinitely delay his sentencing next month.
Lawyers for the current Republican nominee asked the federal court in Manhattan to seize the case from the state court where it was tried, arguing that the historic prosecution violated his constitutional rights and ran afoul of the U.S. Supreme Court’s recent presidential immunity ruling.
Trump’s lawyers, who failed last year in a pretrial bid to get the case shifted to federal court, said moving it now will give him an “unbiased forum, free from local hostilities” to address those issues. In state court, they said, Trump has been the victim of “bias, conflicts of interest, and appearances of impropriety.”
If the case is moved to federal court, Trump’s lawyers said they will then seek to have the verdict overturned and the case dismissed on immunity grounds.
If the case remains in state court and Trump’s sentencing proceeds as scheduled on Sept. 18 — about seven weeks before Election Day — it would be election interference, his lawyers said, raising the specter that Trump could be sent to jail just as early voting is getting underway.
Merchan this month rejected Trump’s latest request that he step aside from the case, saying Trump’s demand was a rehash “rife with inaccuracies and unsubstantiated claims” about his ability to remain impartial. A state appeals court recently upheld the gag order.
Merchant “is poised to incarcerate President Trump in the final weeks of the campaign, and he has maintained an unwarranted and unconstitutional prior restraint on President Trump’s ability to respond to political attacks by criticizing the New York County proceedings,” Blanche and Bove said.
