DON'T WAIT.

We publish the objective news, period. If you want the facts, then sign up below and join our movement for objective news:

TOP STORIES

Latest News

Trump's Bid to Shift Hush Money Trial to Federal Court Fails Due to Filing Errors

 September 1, 2024

A recent attempt by Former President Donald Trump’s legal team to move his hush-money case to federal court was denied due to procedural shortcomings in the filing.

The court's rejection keeps the case in the U.S. District Court in Manhattan, with potentially significant implications for Trump's legal battles, as The Hill reports.

On Friday, the legal team for former President Trump faced a setback when attorneys' request to transfer his hush-money case to federal court was denied. The court cited several procedural deficiencies in the filing, highlighting that the request lacked necessary permissions and was improperly filed.

The deficiencies noted included the absence of written permission from the court or the prosecutors, the use of the incorrect event type for the filing, and the failure to attach the required order granting permission to file the pleading. This mishap has kept the case under the jurisdiction of the U.S. District Court in Manhattan.

Trump's legal representatives had argued that moving the case to federal court was necessary because the state's prosecution allegedly violated his constitutional rights. They claimed this was disregarding a recent Supreme Court decision regarding presidential immunity.

Trump Faces Uphill Battle in Legal Proceedings

In May, a New York jury found Trump guilty of 34 counts of falsifying business records. These charges were related to his attempts to conceal an alleged affair with an adult film actress during his 2016 campaign.

This conviction marked a historic moment as Trump became the first former president to be criminally convicted.

Following the conviction, Trump's attorneys requested a delay in sentencing. They cited a Supreme Court decision affirming that core presidential powers are immune from criminal prosecution, arguing that this should apply to their client's case as well.

Moreover, Trump has directly appealed to Judge Juan Merchan to overturn the guilty verdict. His legal team contends that certain evidence presented at trial was protected as "official acts" under the scope of presidential immunity.

Communications from Trump's Campaign Reflect Confusion and Frustration

The court's notice specifically pointed out the issues with the filing: “The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong event type was used to file the pleading; Court’s leave has not been granted; the order granting permission to file the pleading was not attached,” the notice detailed.

Responding to the court's decision, Steven Cheung, communications director for Trump’s campaign, expressed dissatisfaction.

He criticized what he described as the "Radical Liberals" for undermining Trump's "powerful petition" to move the case. Cheung’s statement implied that the judiciary had not yet made a ruling on the petition itself, which added to the complexity of the situation.

Cheung also noted, “In a standard procedural move, today, the clerk’s office asked President Trump’s legal team to file in a specific format and we are working with them to make sure it is properly filed on the electronic system.”

This statement suggests that Trump’s legal team intends to correct the filing errors and attempt another submission.

Sentencing and Legal Strategies Ahead

As the case continues under the purview of the U.S. District Court in Manhattan, Trump faces a scheduled sentencing on Sept. 18.

The outcome of these proceedings will likely have profound implications for Trump, potentially influencing his future legal and political endeavors.

The persistent efforts by Trump’s legal team to shift the venue and the nature of the charges against him highlight the complex legal strategies being employed. These efforts also underscore the significant challenges that lie ahead in navigating the legal landscape post-presidency.

The upcoming months are expected to be laden with legal battles, as Trump and his legal team prepare for the sentencing phase while continuing to challenge the foundational aspects of the case against him.