Rosalind Evans
Donald Trump’s legal team is persisting in their battle to shift the criminal case filed against the former president by Manhattan District Attorney Alvin Bragg from New York state court to federal court.
In May, Trump’s lawyers initially requested to transfer the case to federal court, contending that the accusations are linked to his presidential responsibilities. However, Bragg’s office has countered this argument, claiming that the purported hush-money scheme Trump is accused of was mainly carried out before his presidency. Therefore, they want the case to stay at the New York State Supreme Court.
In Manhattan federal court, a court hearing is slated for June 27 before District Judge Alvin Hellerstein, a former President Bill Clinton nominee.
On Thursday, Trump’s lawyers appealed to Hellerstein to reject Bragg’s request to return the case to the state Supreme Court.
According to the filing made on Thursday, a criminal case is transferable to federal court if a federal officer faces charges related to his official capacity and presents a plausible national defence.
In April, Trump was indicted on 34 felony charges for allegedly falsifying business records related to repayments to his former attorney, Michael Cohen. The payments were made during the 2016 campaign to women alleging extramarital affairs with Trump, claims that he refutes. Trump has maintained his innocence against all charges.
Despite denying the alleged hush money scheme, Trump’s representatives assert that such accusations, if true, would breach federal campaign finance laws, not state laws.
In their most recent filing, the attorneys stated, “Even if such an alleged scheme existed, it could only contravene federal, not state, campaign finance laws, a fact underscored by both federal legal precedent and the New York State election board. Federal preemption is a quintessential example of a federal defence that warrants removal.”
While the legal wrangling over the case’s jurisdiction continues, the case progresses under Judge Juan Merchan in the New York State Supreme Court. Merchan has scheduled a trial for March 25, 2024, in New York County, which might coincide with the Republican presidential primaries in the upcoming year.
As the debate over jurisdiction unfolds, the case proceeds unabated, with Judge Merchan setting the stage for a high-stakes trial coinciding with the 2024 Republican presidential primaries. Regardless of the court in which it is heard, the trial promises to have significant implications for Trump and his political future. How this plays out may influence his personal and professional life and reshape the political landscape as the 2024 election season approaches.
