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Trump Lawyer Criticizes NY Case Timeline, Seeks Federal Court Transfer

 September 5, 2024

As tensions mount, former President Donald Trump’s legal team is working to shift his New York business records case to federal court amid his conviction earlier this year and new considerations of presidential immunity.

In a contentious legal battle, Trump's attorneys are vigorously pursuing a court venue change, citing what they say are the critical issues at stake in a pivotal election year, with a favorable decision from the U.S. Supreme Court as a backdrop for their arguments, as Newsmax reports.

The case in question involves Trump's recent conviction on 34 felony charges related to business record discrepancies. His attorneys are pushing to move proceedings from New York state court to a federal level, arguing the implication of federal interests.

Leading the charge is Trump's attorney, Will Scharf, who has explicitly criticized what he perceives to be a politically motivated timeline of the case. He claims that the matters, set against the backdrop of the upcoming presidential elections, should be heard in a federal court to properly address the federal defenses at play.

These developments follow a ruling by U.S. District Judge Alvin Hellerstein, who rejected the plea to transfer the case to the U.S. District Court in Manhattan. This decision directly impacts the upcoming sentencing of Trump, scheduled for Sept. 18.

Key Judicial Decisions Loom Over Trump's Legal Battles

Adding to the legal drama, a crucial ruling is expected by Sept. 16 concerning presidential immunity and its influence on Trump's case. This decision is set to be handed down by Manhattan Judge Juan Merchan.

In light of Judge Merchan's decision, Scharf has indicated a readiness to quickly file an appeal depending on the outcome, potentially delaying the forthcoming sentencing.

The discussion of immunity, Scharf argues, is not only pivotal but also grounds for an immediate appeal that could pause the current proceedings.

This push for shifting the sentencing schedule stems from concerns over the timing of Merchan's impending ruling. Scharf finds the scheduling barely two days before the sentencing to be unreasonable, creating a significant pressure to appeal promptly should the decision be unfavorable to Trump.

Trump's Attorney Vocal Against Current Case Handling

"There are very important federal defenses and federal interests that are implicated by that New York case and we think the appropriate venue is a federal court," Scharf stated, emphasizing the gravity of what they believe to be at stake.

Further elaborating on their plan, Scharf expressed, "We're going to be examining our options in the next day or two. We are going to continue pushing for that case to be in a federal venue where we believe it belongs."

His statement highlights an ongoing commitment to reposition the case within the judicial system to better suit the defenses Trump's team is prepared to argue.

The sentiment that the legal pursuit against Trump is a form of election interference was strongly voiced by Scharf, who argued that such urgency in the courtroom is misplaced during an election period. He criticized the quick succession of legal obligations Trump is facing as an attempt to influence voting outcomes.

Sentencing and Appeal Strategies in Sharp Focus

The attorney's strategy includes an aggressive stance on appeals, particularly on issues of immunity which he claims generally commands a stay in all related proceedings while examined by appellate courts.

"Typically on issues of immunity, there are issues that are immediately appealable, and they typically result in a stay of all other proceedings while those issues are hashed out by the appellate courts," explained Scharf, who seems to be gearing up for a robust legal challenge.

Scharf's criticism extends to Judge Merchan's handling of the sentencing schedule. "Merchan, however, has created an insane situation," he lamented, referring to the tight schedule set between the immunity ruling and Trump's sentencing. This setup, according to Scharf, forces an urgent appeal should the decision fall adverse to Trump's favor, portraying it as a severe mismanagement of critical litigation.

Trump Defense Team Determined to Fight Judicial Timetable

"But by scheduling sentencing less than two days after we're set to receive this opinion on presidential immunity, we've set up an issue where we are forced to immediately appeal within 36 hours and seek stays and seek relief from higher courts if he does rule against us: That's not fair. That's not a reasonable way to conduct important litigation of this type," stated Scharf, conveying a sense of urgency and injustice felt by the defense team.

Throughout the legal debates and court filings, it is clear that Trump's legal representatives are preparing for an intensified battle over his convictions and overarching rights. "We're going to continue seeking to vindicate President Trump's rights at every turn, and we're going to keep on fighting," Scharf asserted as they brace for the fast-approaching legal deadlines.