Former President Donald Trump’s lawyers are again asking a federal court to intervene in his New York criminal case ahead of sentencing next month, arguing that the prosecution is unconstitutional and runs afoul of the U.S. Supreme Court’s recent presidential immunity ruling.
If the case is moved to federal court, Trump’s lawyers said they will seek to have the verdict overturned and the case dismissed on the grounds of immunity.
If it remains in state court, and Trump’s sentencing proceeds as scheduled in September, their client could very well end up being incarcerated before the elections, the lawyers said.
Trump’s lawyers further claimed that Justice Juan Merchan, who has overseen the state case, imposed a gag order on Trump that is unwarranted and violates the Constitution.
“Justice Merchan is poised to incarcerate President Trump in the final weeks of the campaign, and he has maintained an unwarranted and unconstitutional prior restraint on President Trump’s ability to respond to political attacks by criticizing the New York County proceedings,” his lawyers argued in the filing.
They also stated that the New York court’s procedures have “been applied in a way that conflicts with the Supreme Court’s guidance regarding Presidential immunity.”
Trump’s lawyers say the process of the New York case are damaging to the presidency and the government.
“The impending election cannot be redone,” they wrote. “The currently unaddressed harm to the Presidency resulting from this improper prosecution will adversely impact the operations of the federal government for generations.”
Trump pleaded not guilty to all counts and maintains that the case against him is part of a politically motivated effort to undermine his 2024 White House bid.
‘Sentence Would Be Wholly Unwarranted’
“Although such a sentence would be wholly unwarranted based on the law and the facts, the risk of such an order and its impact on the national election cannot be ignored in light of the existing evidence of hostility and indications that Justice Merchan plans to unlawfully deny the Presidential immunity motion,” his lawyers wrote.The latest filing marks the second time that Trump’s lawyers have attempted to have the case moved to federal court. A federal judge last year rejected their initial attempt to have it moved on the grounds that the indictment involved official duties.
In their most recent filing, lawyers for the Republican said circumstances had changed since their initial attempt.
They claimed that state prosecutors had misled the court by saying earlier that the trial wouldn’t involve Trump’s official duties or actions as president.
Justice Merchan is expected to soon rule on a separate request from Trump’s attorneys to postpone his sentencing until after the Nov. 5 election.
The same judge will also decide in September whether or not to overturn the verdict and dismiss the case against Trump in the wake of the Supreme Court’s decision regarding immunity.
The Epoch Times has contacted a spokesperson for Manhattan District Attorney Alvin Bragg for comment.
