By Canadian Press

Trump asks federal court to intervene in hush money case in bid to toss conviction, delay sentencing

Aug 29, 2024 | 7:42 PM

NEW YORK (AP) — Donald Trump asked a federal court late Thursday to intervene in his New York hush money criminal case, seeking a pathway to overturn his felony conviction and indefinitely delay his sentencing scheduled for next month.

Lawyers for the former president and current Republican nominee asked the federal court in Manhattan to seize the case from the state court where it was brought and tried, arguing that the historic prosecution violated Trump’s constitutional rights and ran afoul of the U.S. Supreme Court’s recent ruling on presidential immunity.

Trump’s lawyers said moving the case to federal court following his May 30 conviction will give him an “unbiased forum, free from local hostilities” to address those issues. If the case is moved to federal court, Trump lawyers wrote, they will then seek to have the verdict overturned and the case dismissed. If it remains in state court, with sentencing proceeding as scheduled, it could amount to election interference, they said.

“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,” Trump lawyers Todd Blanche and Emil Bove wrote in a 64-page U.S. District Court court filing.

Trump was convicted in state court in Manhattan of 34 counts of falsifying business records related to a payment to bury affair allegations that threatened to cloud his 2016 presidential run. Even if the case isn’t moved to federal court, the potential delay caused by litigation surrounding Trump’s effort could give him a critical reprieve as he navigates the aftermath of his criminal conviction and the homestretch of his presidential campaign.

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Separately, the state court judge who presided over the trial, Juan M. Merchan, is weighing Trump’s requests to postpone sentencing until after Election Day, Nov. 5, and to overturn the verdict and dismiss the case in the wake of the Supreme Court’s immunity decision.

The high court’s July 1 ruling reins in prosecutions of ex-presidents for official acts and restricts prosecutors in pointing to official acts as evidence that a president’s unofficial actions were illegal.

Trump’s lawyers argue that in light of the ruling, jurors in the hush money case should not have heard such evidence as former White House staffers describing how the then-president reacted to news coverage of the deal to pay hush money to porn actor Stormy Daniels.

Trump’s lawyers had previously invoked presidential immunity in a failed bid last year to get the hush money case moved from state court to federal court. A federal judge rejected that request, clearing the way for Trump’s historic trial in state court.

U.S. District Judge Alvin Hellerstein rejected Trump’s claim that allegations in the hush money indictment involved official duties, writing in July 2023, “The evidence overwhelmingly suggests that the matter was a purely a personal item of the president — a cover-up of an embarrassing event.”

“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 added.

A message seeking comment was left with the Manhattan district attorney’s office, which prosecuted the case.

Michael R. Sisak, The Associated Press