Bragg opposes Trump’s bid to shift ‘hush money’ case to federal court.

The legal battle between former President Donald Trump and Manhattan District Attorney Alvin Bragg continues as Bragg’s office opposes Trump’s effort to move a “hush money” case to a federal court.

“He does not plausibly meet the required elements to justify removal to federal court,” Bragg said in the filing.

Trump has been charged with falsifying business records connected to an alleged “hush money” payment to adult film actress Stormy Daniels prior to the 2016 election. He has called the case a politically-motivated “witch hunt.”

‘Travesty of Justice’?

Trump’s lawyers previously requested that the case be moved out of New York state court, arguing that the charges related to alleged conduct while Trump was president. However, Bragg argued that Trump is not entitled to a venue change for the state criminal case because the former president is not a federal officer.

A Trump spokesperson said in a statement that Bragg’s case “has no factual or legal merit, having been brought by a District Attorney who ran on a platform of ‘Get Trump.’”

“An impartial judge is vital to stop this travesty of justice,” the spokesperson added.

Bragg said in the filing that Trump’s lawyers failed to establish that the former president meets any one of three criteria that would justify a federal-officer removal to a federal court.

• Federal-officer removal is available only when:
• A federal officer
• Faces criminal charges for conduct arising under color of his office
• Identifies a colorable federal defense

“Because defendant has failed to identify a colorable ground for federal-officer removal, this criminal prosecution should be returned to New York state court,” the filing reads.

Trump’s indictment by Bragg earlier this year became the first time a sitting or former president was charged criminally.

Trump Appears for Hearing

Recently, Trump appeared remotely in the Manhattan Criminal Court to hear a judge’s instructions on the former president’s handling of discovery evidence in the hush money case.

The hearing was Trump’s first appearance after he pleaded not guilty in April to multiple counts of falsifying business records related to alleged payments made to Daniels.

The judge told Trump and his lawyer that a violation of the protective order could result in sanctions, including charging Trump with contempt of court, which is a criminal charge that could result in fines or imprisonment.

Prosecutors from Bragg’s office argued in a court filing on April 26 that Trump should be forbidden from sharing discovery evidence with the media or the public.

Blanche said during the hearing that because Trump is “running for the President of the United States, he very much is concerned that his first amendment rights are being violated.”

The judge said in response that the protective order is “certainly not a gag order” and that it is not his intention to impair Trump’s ability to campaign for president.