Attorneys representing the Republican presidential candidate are pushing to expedite his state criminal case before the scheduled sentencing in September.
In a procedural notice issued on Friday, a federal court in New York highlighted a flaw in former President Donald Trump’s recent legal filing. His legal team aims to transfer his state criminal case to federal court prior to the sentencing next month.
Trump’s lawyers argued in a filing on Thursday that keeping the case in state court could lead to his imprisonment before the 2024 presidential election. They have requested the U.S. District Court for the Southern District of New York to intervene before the scheduled sentencing in September.
The legal team of the Republican presidential candidate asserts that the prosecution is unconstitutional and goes against a recent U.S. Supreme Court ruling on presidential immunity. They claim that Trump should be shielded from trial for actions taken during his time in office.
The Supreme Court’s ruling in July reiterated that U.S. presidents have absolute immunity from prosecution for official acts.
However, the court issued a notice to Trump’s attorneys on Friday shortly after the filing, indicating that the submission was deficient.
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The court directed Trump’s attorneys to re-file the pleading correctly, utilizing the appropriate event type and including the necessary documents, such as the court’s order granting permission to file.
Steven Cheung, a communications director for the Trump campaign, released a statement on Friday clarifying that the judge’s notice is a procedural step and not a ruling.
“In a standard procedural move, today, the clerk’s office asked President Trump’s legal team to file in a specific format and we are working with them to make sure it is properly filed on the electronic system,” Cheung stated to media outlets.
In May, Trump was found guilty on 34 counts of falsifying business records. He pleaded not guilty to all charges, maintaining that the case against him is politically motivated to undermine his 2024 presidential election bid.
Manhattan District Attorney Alvin Bragg brought the case against Trump, alleging that he attempted to hide payments of $130,000 as part of a non-disclosure agreement to Stephanie Clifford, an adult film actress known as Stormy Daniels. The payments were made during his 2016 campaign, related to an alleged affair that Trump denies happened.
The sentencing in the case is currently scheduled for Sept. 18, just seven weeks before Election Day.
Trump’s legal team has also requested a delay in the sentencing.
In their plea for the federal court to intervene, Trump’s attorneys contended on Thursday that Justice Juan Merchan, the presiding judge, imposed an unjust and unconstitutional gag order on the presidential candidate, hindering his ability to counter political attacks by criticizing the New York County proceedings.
They argued that the New York court’s proceedings conflict with the Supreme Court’s guidance on presidential immunity and that the case’s progression is detrimental to the presidency and the government.
“The impending election cannot be redone,” Trump’s lawyers emphasized. “The currently unaddressed harm to the Presidency resulting from this improper prosecution will adversely impact the operations of the federal government for generations.”
This marks the second instance where Trump’s legal team has sought to transfer the case to federal court. Last year, their initial attempt was rejected by a judge, who argued that the indictment involved official acts.
Now, Trump’s attorneys argue that the circumstances have changed. They claim that state prosecutors misled the court by previously stating that the trial would not involve Trump’s official duties or actions as president.
(Left) Judge Juan M. Merchan on March 14, 2024. (Right) Former President Donald Trump on April 26, 2024. Seth Wenig/AP Photo; Dave Sanders/Pool via Getty Images
Trump’s legal team also petitioned Justice Merchan to annul the guilty verdict following the Supreme Court’s immunity ruling. They claimed that some of the evidence presented during the trial was protected official acts that should not have been shown to the jury.
Their filing on Thursday indicates their belief that Justice Merchan intends to unlawfully reject the presidential immunity motion. They informed the federal court that the repercussions of sentencing Trump before the national election “cannot be disregarded” in this context.
Justice Merchan is expected to rule soon on a separate plea from Trump’s attorneys to postpone his sentencing until after the Nov. 5 election.
The same judge will also determine in September whether to overturn the verdict and dismiss the case against Trump following the Supreme Court’s ruling on immunity.
Katabella Roberts contributed to this report.
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