(TheRedAlertNews.com) – In a new move in Donald Trump’s so-called “hush money” case, his legal team is fighting an uphill battle to transfer it from New York to federal court, aiming to leverage presidential immunity and question the political motivations behind his conviction.
Trump’s attorneys argue that improper jury evaluation of his presidential actions spins a web of injustice that must be untangled before the scheduled sentencing.
The decision could alter the course of history if Trump regains the White House, Raw Story writes in a report.
If his legal team’s plans to transfer his New York criminal hush money case to federal court succeeds, that could potentially delay his sentencing scheduled for November 26.
His attorneys have filed an appeal with the U.S. Court of Appeals for the Second Circuit after a previous denial.
Trump was convicted on 34 felony counts for falsifying business records related to the alleged hush money payment to Stormy Daniels.
The legal team claims that the jury improperly evaluated evidence connected to Trump’s presidential acts, arguing these should be shielded by presidential immunity.
U.S. District Judge Alvin Hellerstein rejected this defense earlier, framing the payments as private actions.
The appeal suggests that political motivations may have influenced this denial, raising conflict of interest concerns.
“Nothing in the Supreme Court’s opinion affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority,” Judge Hellerstein wrote, cited by ABC News.
Should the transfer to federal court succeed, Trump could have a pathway to dismiss the prosecution if he wins a second presidential term.
His attorneys argue that proceeding with sentencing would result in “irreparable harm,” and have pressed for a federal court to address the presidential immunity defense.
They also aim to dismantle a gag order limiting Trump’s capacity to criticize trial participants, Bloomberg Law reports.
Trump’s defense stresses the importance of federal law taking precedence over state proceedings, particularly for high-profile federal officers like the President.
They emphasize the need for an exhaustive federal review of Trump’s immunity claims before sentencing, focusing on aligning with Supreme Court precedents stating that federal court jurisdiction extends to presidential actions.
All eyes are now on Judge Juan Merchan, who must rule on Trump’s plea for case dismissal based on presidential immunity by November 12.
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