[This post was co-authored with Seth Barrett Tillman]
Last month, a Manhattan grand jury indicted Donald J. Trump for violating state law based on alleged "hush money" payments to Stormy Daniels. Trump moved to remove that case to federal court. Trump's lawyers invoked the federal officer removal statute. This statute allows an "Officer of the United States" to remove a prosecution from state court to federal court. But the former president can only remove the case to federal court if he was an "Officer of the United States."
On Tuesday, Alvin Bragg, the New York District Attorney filed a brief in federal court opposing the removal motion. Bragg made various arguments for why removal was not proper. But the final section of the brief contended that Donald Trump, while serving as President, was not an "Officer of the United States." Part IV of the brief (pp. 30) explains this position:
