Donald Trump is making another effort to move his New York criminal case to federal court, citing the Supreme Court's historic ruling on presidential immunity and prosecutors' reliance on evidence from his time in office.
Trump was convicted of "falsifying business records" in the unprecedented case, which centered on payments to porn star Stormy Daniels and Trump's reimbursement to his former lawyer Michael Cohen.
Manhattan District Attorney Alvin Bragg (D) devised a complex legal theory to charge Trump with 34 felonies, accusing him of interfering in the 2016 election by burying Daniels' accusations of an affair, which Trump has denied.
Lawyers for Trump argue that his conviction was based on "official acts" evidence that implicates the power of the presidency, making the case a federal, rather than a state, matter.
At trial, prosecutors prominently cited testimony from former Trump official Hope Hicks in their closing argument against Trump, calling Hicks' words "the nail in the coffin" for his defense.
If the case is moved to federal court, Trump could have it thrown out if he wins the presidency. A federal judge rejected Trump's request to move the case in September, arguing it dealt with "private, unofficial acts, outside the bounds of executive authority."
In a request to the 2nd Circuit Appeals court, Trump's lawyers argued that prosecutors violated the U.S. Constitution in light of the Supreme Court's July ruling on immunity, which found that official acts may not be used as evidence.
The "use of official-acts evidence in grand jury proceedings and at trial violated the Constitution and threatens the ability of all future Presidents to fulfill that role," lawyers Emil Bove and Todd Blanche said.
"This case presents complex first-impression issues relating to the Supremacy Clause, federal-officer removal, appearances of impropriety and conflicts in connection with an unprecedented and baseless prosecution of the leading candidate in the 2024 Presidential election, and the ability of future Presidents to serve the American people without fear of reprisal from hostile local officials," Trump's lawyers wrote.
Trump has separately cited the Supreme Court's ruling in seeking to toss the verdict outright, arguing it was based on evidence that should have been excluded.
The trial judge, Juan Merchan, will sentence Trump on November 26. The judge will rule before then on Trump's argument to toss the verdict.
Trump has blasted the case as partisan electoral interference meant to damage his re-election campaign.
