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Trump Seeks Federal Court Delay for Sentencing in New York Hush Money Case

Former President Donald Trump is attempting to postpone his upcoming sentencing in the New York hush money case by urging a federal court in New York to take up his case, especially considering the recent Supreme Court ruling concerning presidential immunity.

In a comprehensive 60-page filing submitted on Thursday, Trump’s legal team requested that the court reassess their appeal to move the case from state court to federal court just ahead of the former president’s scheduled sentencing on September 18.

The defense attorneys, Todd Blanche and Emil Bove, stated in the filing, “The ongoing proceedings will continue to cause direct and irreparable harm to President Trump — the leading candidate in the 2024 Presidential election — and voters located far beyond Manhattan.”

In May, Trump was found guilty on 34 felony counts for falsifying business records linked to a hush money payment made in 2016 to adult film actress Stormy Daniels. This payment was allegedly intended to enhance his chances in the 2016 presidential election. Trump has declared his intention to appeal the verdict.

It remains uncertain whether the court will address Trump’s latest motion, as U.S. District Judge Alvin Hellerstein denied a previous request in July 2023, asserting that the case did not pertain to official presidential actions.

“Hush money paid to an adult film star is not related to a President’s official acts. It does not reflect in any way the color of the President’s official duties,” Hellerstein noted in his earlier ruling.

In their recent filing, Trump’s attorneys argue that numerous Supreme Court decisions this year, particularly regarding presidential immunity and Chevron deference, “add force” to Trump’s case for moving and seeking immunity.

The filing emphasizes, “The groundbreaking Presidential immunity issues arising from Trump v. United States are alone a sufficient basis to grant this removal application.”

Trump’s legal team reiterates familiar arguments regarding the so-called “official-acts evidence” that they believe unfairly influenced the outcome of his New York trial. This includes the testimony of former White House communications director Hope Hicks and the use of Trump’s presidential tweets as evidence against him.

The defense has also resurrected prior claims regarding the alleged bias of the judge overseeing the case. “Post-trial removal is necessary under these circumstances to afford President Trump an unbiased forum, free from local hostilities, where he can seek redress for these Constitutional violations,” the lawyers asserted.

Throughout their filing, Trump’s attorneys consistently emphasized the timing of his sentencing, warning of the ramifications of a potential imprisonment for the former president. However, most legal experts believe that Trump is unlikely to serve any sentence prior to the upcoming election.

The filing underscored the irreversibility of the impending election, stating, “The impending election cannot be redone. The currently unaddressed harm to the Presidency resulting from this improper prosecution will adversely impact the operations of the federal government for generations.”

A spokesperson for Manhattan District Attorney Alvin Bragg declined to comment on Trump’s latest filing.

Source: ABC News