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Trump Asks Federal Court to Overturn Hush Money Conviction

 September 2, 2024

Former President Donald Trump has asked a federal court to intervene in his New York hush money case to overturn his felony conviction and delay his sentencing.

Trump’s legal team, led by attorney Emil Bove, submitted a request late Thursday, seeking federal court intervention to challenge the unfavorable outcome of the state court proceedings, as the Washington Examiner reports.

The request argues that Trump’s constitutional rights were violated during the state trial and cites a recent U.S. Supreme Court decision related to presidential immunity as grounds for overturning the conviction.

Trump’s Legal Team Argues Bias in State Court Proceedings

The filing, submitted as Trump campaigns against Vice President Kamala Harris, emphasizes the alleged bias and conflicts of interest present in the state court. Trump's team describes the proceedings as "biased and conflict-ridden," asserting that the state court failed to provide an impartial forum for the trial.

Trump’s legal strategy hinges on a Supreme Court ruling issued on July 1, which limits the prosecution of former presidents for actions taken during their official duties.

The filing suggests that this decision should be applied retroactively to dismiss the charges against Trump, which involve 34 felony counts of falsifying business records to conceal a $130,000 payment to adult film actress Stormy Daniels.

The request is currently before U.S. District Judge Alvin K. Hellerstein, who may take over the case. However, it remains unclear when Judge Hellerstein will respond to the motion. The federal court docket also highlighted a clerical error in Trump’s filing, which must be corrected and resubmitted after the Labor Day holiday.

Trump’s Sentencing Scheduled Amid Legal Challenges

Trump’s sentencing is currently set for Sept. 18, but his legal team is pushing for a delay, arguing that the timing could interfere with the upcoming election and early voting processes. The defense contends that state prosecutors misled the court about Trump’s official duties, an argument they believe is bolstered by the Supreme Court’s recent decision.

Additionally, Trump’s team has contested testimony provided by Michael Cohen, Trump’s former lawyer, which played a key role in the prosecution’s case. They argue that Cohen’s testimony is unreliable and should not have been considered as heavily as it was by the jury.

Meanwhile, Judge Juan Merchan, who presided over the initial state court trial, is considering a separate request from Trump’s defense to delay the sentencing. Manhattan District Attorney Alvin Bragg's office has not opposed this request, leaving the decision to Judge Merchan, who is expected to rule on the matter by Sept. 16.

Supreme Court Decision Could Influence the Outcome

The Supreme Court’s ruling on presidential immunity is central to Trump’s legal arguments. According to the defense, the decision sets a precedent that should prevent former presidents from being prosecuted for actions related to their official duties. Trump’s legal team argues that the state court’s conviction conflicts with this ruling and that a federal court should review the case to ensure that Trump’s rights are protected.

Trump’s conviction involves charges that he falsified business records to cover up a payment made to Daniels during the 2016 presidential campaign.

The payment was allegedly intended to prevent Daniels from speaking publicly about an affair she claimed to have had with Trump, an allegation that Trump has denied. The case has been a point of contention, with Trump repeatedly claiming that it is part of a politically motivated “witch hunt” aimed at damaging his political prospects.

Steven Cheung, a spokesperson for Trump, emphasized that the federal court has yet to rule on the petition to remove the case from the state’s jurisdiction. “Contrary to the wishes of Radical Liberals, President Trump’s powerful petition to remove the Manhattan DA’s Witch Hunt to federal court has not been ruled on by a judge,” Cheung stated.

Potential Impact on Trump’s Political Future

The outcome of Trump’s legal maneuvers could have significant implications for his political future. If the federal court grants his request to overturn the conviction, it would be a major victory for Trump as he continues to campaign for the 2024 presidential election. However, if the court denies the request and the sentencing proceeds as scheduled, Trump could face significant legal and political challenges.

As Trump’s legal team prepares to resubmit their filing on Tuesday, the clock is ticking on the September 18 sentencing date. The defense remains hopeful that the federal court will recognize the alleged constitutional violations and intervene before the state court's sentencing can take place.

With Judge Merchan’s ruling on the separate sentencing delay request expected on Sept. 16, and no clear timeline for Judge Hellerstein’s decision on the federal intervention, the coming weeks are likely to be crucial for Trump’s legal and political battles.

In summary, Trump’s request for federal court intervention centers on claims of constitutional violations, alleged bias in the state court, and a Supreme Court decision that may influence the outcome. As the legal proceedings continue, Trump’s future both in the courtroom and on the campaign trail hangs in the balance.