Lawyers representing former President Donald Trump have filed a court appeal requesting a second opportunity to argue that his New York state hush money case should be transferred to federal court. The appeal follows a recent ruling by US District Court Judge Alvin Hellerstein, who denied Trump's initial request to change the venue of the case in light of a Supreme Court decision on presidential immunity.
In their court filing, Trump's legal team criticized Hellerstein's decision, claiming that he failed to consider the implications of the Supreme Court ruling and wrongly concluded that the hush money payments were private acts outside of executive authority. The lawyers are now seeking to have their arguments heard by the appeals court in order to move the case to federal jurisdiction.
The Manhattan district attorney's office is expected to submit its response to the appeal in the coming weeks, after which Trump's legal team will have an opportunity to reply. Trump is currently facing sentencing in late November after being found guilty on multiple counts of falsifying business records in his hush money trial earlier this year.
One of the key issues in the case is a gag order imposed by Judge Juan Merchan, which Trump's lawyers argue is unconstitutional and restricts the former president's campaign speech. They contend that moving the case to federal court is necessary to address this issue and protect the integrity of the upcoming 2024 Presidential election.
Trump has also filed a motion to dismiss his conviction based on the exclusion of certain evidence, such as White House officials' testimony and his social media posts during his time in office. Judge Merchan is expected to rule on this motion on November 12, with the sentencing scheduled for late November pending the resolution of the removal motion.
