Former President Donald Trump asked to have his criminal case in New York City transferred to federal court on Thursday, claiming that “the indictment charges [him] for conduct committed while he was President of the United States that was within the ‘color of his office.’”
Trump has pleaded not guilty to a 34-count indictment accusing him of falsifying business documents in relation to hush money paid to adult film actress Stormy Daniels prior to the 2016 presidential election.
The check was written by Trump’s then-personal attorney Michael Cohen, and Trump reimbursed him in a series of monthly payments.
“This is an unprecedented case in our country’s history.” “Never before has a local elected prosecutor criminally prosecuted a defendant for conduct that occurred entirely while the defendant was the sitting President of the United States or for conduct relating to federal campaign contribution laws,” Trump’s defense attorney Susan Necheles wrote in the motion.
According to Trump’s lawsuit, the prosecution was “politically motivated” because Manhattan District Attorney Alvin Bragg “disfavored President’s Trump’s acts and policies as President of the United States.”
Necheles claimed that federal courts have “protective jurisdiction” over this matter.
Trump has insisted that prosecutors had “no case” against him, writing on social media last month, “There was nothing done illegally!”
At the conclusion of a hearing earlier Thursday relating to a protection order in the case, defense attorney Todd Blanche notified Judge Juan Merchan, who is presiding over the case in New York state Supreme Court, about Trump’s intention.
Prosecutors did not address it right away. Later Thursday, a spokesman for Bragg said, “we are reviewing the notice of removal and will file an appropriate response in court.”
Merchan requested in court that both parties agree on a trial date in either February or March 2024, which would place Trump’s trial in the thick of primary season as he pursues the presidency for the third time.
Once the date is determined, the judge stated no one involved in the case, including Trump, should plan anything to interfere with it.
“He can’t agree to any speaking engagements or public appearances,” Merchan explained.
Merchan agreed to the Manhattan district attorney’s office’s request for an order barring Trump from disparaging specific persons involved in the case or commenting about specific information revealed via discovery. However, he stated that he would not prevent Trump from speaking broadly about the issue on the campaign trail.
“I’m straining to give him every opportunity to make his candidacy,” Merchan said. “This does not constitute a gag order.”
Merchan also reached an agreement with the district attorney’s office to hold a virtual hearing at which Trump will be obliged to attend and the protection order will be read to him.
In court, Assistant District Attorney Catherine McCaw stated that Trump “has an extensive history” of making incendiary remarks about witnesses, prosecutors, and others involved in legal issues against him. She did say, though, that Trump will continue to have “many avenues” to discuss the case.
Blanche stated that he does not disagree to an order “limiting the dissemination” of information by Trump on social media, but that Trump’s public defense “may include commentary on evidence.”
“Obviously, Mr. Trump is different,” Merchan admits. “It would be foolish of me to claim otherwise. He’s a former president running for re-election.”
The judge went on to say that Trump’s exceptional status comes with the obligation to acknowledge that “his words do have consequences.”
Rephrased from: The Republic Brief By: Trump Knows
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