Trump’s lawyers seek to transfer Manhattan criminal case to federal court again.
Legal Battle Continues: Trump’s Lawyers Seek Federal Court for Criminal Investigation
Legal counsel for former President Donald Trump has once again filed a motion to move the ongoing criminal investigation out of Manhattan and into federal court. In a scathing statement, Trump’s lawyers criticized Manhattan District Attorney Alvin Bragg for his alleged “political motivation” to “wrongfully prosecute” the former president, who currently faces 33 counts of falsifying business records.
Trump’s Defense Team Fights Back
The legal team argued that the alleged crimes in question occurred while Trump was in office. They accused the Manhattan District Attorney’s Office (DANY) of “deceptively mischaracterizing and ignoring the applicable facts and body of law.” According to the court document filed on Thursday, DANY’s case revolves around an alleged “illegal scheme” that supposedly took place before Trump became president. However, Trump’s defense team asserts that such a scheme, which they claim is non-existent, would only violate federal campaign finance laws, not state laws.
Prosecutors and Defense Clash Over Venue
Both the defense attorneys and prosecutors have submitted conflicting motions regarding the appropriate venue for Trump’s case. Prosecutors argue that Trump’s alleged criminal misconduct is unrelated to his presidential duties. The 33 counts against Trump are connected to hush-money payments made to adult film star Stormy Daniels during the 2016 presidential campaign, prior to Trump assuming office. Bragg’s team contends that these payments were solely campaign reimbursements and not subject to federal law.
On the other hand, Trump’s legal team asserts that the payments to his former personal lawyer, Michael Cohen, were made in part to secure Cohen’s services for when Trump became president.
Seeking Federal Court Intervention
In their filing, Trump’s lawyers invoke the federal removal statute, which allows a criminal prosecution to be moved to federal court if it involves “any officer” of the United States and is “for or relating to any act under color of such office.” They argue that Trump’s actions were directly connected to his official duties as president, including his obligation to uphold the Constitution, including the Foreign Emoluments Clause and the Take Care Clause.
Upcoming Hearing and Trial Date
United States District Judge Alvin Hellerstein, who presides over the case, has scheduled a hearing for oral arguments on June 27. The trial is tentatively set to begin on March 25, coinciding with the primary season. Trump currently leads the polls as the front-runner for the Republican Party.
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