Lawyers for former President Donald Trump on Tuesday requested that his New York criminal case be transferred to federal court.
Lawyers for former President Donald Trump on Tuesday again requested that his New York criminal case be transferred to federal court, citing the Supreme Court's presidential immunity ruling and arguing that he cannot be prosecuted for official acts he performed as president. Trump's lawyers first requested in August to shift New York v. Trump to federal court, but U.S. District Judge Alvin Hellerstein rejected the request in September.
In his arguments for dismissal, Blanche argued that Bragg offered official acts as evidence during the six-week-long unprecedented criminal trial. Blanche said that included official White House communications with staffers like Hope Hicks, Madeleine Westerhout and others. The Supreme Court ruled in Trump v. United States that a former president has substantial immunity from prosecution for official acts in office but not for unofficial acts.
Trump's initial sentencing was set for July 11 — just days before the Republican National Convention, where he was set to be formally nominated as the 2024 GOP presidential nominee, but Merchan agreed to delay that until Sept. 18. Last month, Merchan granted Trump’s request to delay sentencing until after the presidential election. The sentencing is now scheduled for Nov. 26. Fox News' Maria Paronich contributed to this report.
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