Donald Trump‘s attorneys argued on Thursday for a second time that his criminal case involving hush money should be tried in federal court rather than state court. This motion might cause the former president’s sentence to be postponed until next month.
The Supreme Court’s July decision on presidential immunity from prosecution for official activities is cited in the removal request as the main justification for taking the case to federal court.
Last year, a federal judge rejected an earlier request to remand the case.
In a state court in New York, a Manhattan jury found Trump guilty in May of 34 felonies related to falsifying company documents. Judge Juan Merchan of the New York County Supreme Court will be imposing the sentence on September 18.
Not only did Trump’s attorneys ask for the matter to be transferred to federal court, but they also requested the judge to “certify that President Trump cannot be sentenced by Judge Merchan while this Second Removal Notice is being litigated.”
Trump’s attorneys highlighted a decision from the Supreme Court last month that stated presidents are exempt from criminal prosecution for actions taken while in office. According to the filing on Thursday, the finding implies that “Prosecutors cannot utilize evidence of official acts in support of a case they allege originated from unofficial behavior.”
According to the provision Trump cites, a person must be a “federal officer” and demonstrate that the defenses contain strong arguments based on statutes or the U.S. Constitution in order to transfer a state criminal case to federal court.
The act forbids the entry of a “judgment of conviction” prior to a case being remanded, or returned, to state court, which is why Trump’s attorneys contend that he is entitled to a pause in his sentence while his removal notice is being challenged.
An attempt to reach the Manhattan district attorney’s office, which prosecuted and brought the matter to a grand jury, was met with no response by the time this evening.
The subject of the first-ever criminal case in which a former president was found guilty, is the hush money payments that Trump made to adult film actress Stormy Daniels during the closing weeks of the 2016 presidential campaign.
This month, Merchan was requested by Trump’s attorneys to postpone the Sept. 18 sentencing until after the November election. Merchan hasn’t made a decision on the request yet.