Judge Asked to Keep Trump Case out of Federal Court

Former President Donald Trump (Getty Images)

By    |   Tuesday, 03 September 2024 03:47 PM EDT ET

The prosecutors in former President Donald Trump's business records trial are attempting to block an effort to move the case to federal court.

Last week, Trump's attorneys filed a motion to move the case to federal court, NBC News reported. A previous motion was rejected last year, but Trump's lawyers are now arguing the U.S. Supreme Court's ruling on presidential immunity should block the former president from being sentenced Sept. 18, according to NBC News.

NBC News also reported that Trump's lawyers are requesting that Juan Merchan, the judge overseeing Trump's case, halt proceedings while a federal judge considers the issue and said they need more time to prepare for sentencing arguments.

"Federal law is clear that proceedings in this Court need not be stayed pending the district court's resolution of defendant's removal notice," the district attorney's office wrote in a letter made public Tuesday.

Previously, prosecutors said they would defer to the court on whether the former president's sentencing should be delayed.

In a letter from District Attorney Alvin Bragg's office to Judge Juan Merchan, prosecutors said, "The people defer to the court on the appropriate post-trial schedule that allows for adequate time to adjudicate defendant's motion while also pronouncing the sentence 'without unreasonable delay.'"

Trump's lawyers have sought to delay sentencing in the New York criminal case until after the Nov. 5 presidential election, citing "election interference objectives."

Trump was found guilty by a jury on May 30 on 34 felony counts of falsifying business records for having covered up former personal lawyer and fixer Michael Cohen's $130,000 payment to adult film actress Stormy Daniels to avert a sex scandal before the 2016 election.

Falsifying business records is a crime punishable by up to four years in prison, though sentences such as fines or probation have been more common for others convicted of that crime.

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The prosecutors in former President Donald Trump's business records trial are attempting to block an effort to move the case to federal court.
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Tuesday, 03 September 2024 03:47 PM
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