Lawyers for Donald Trump argued for a second time Thursday that his criminal hush money case should be heard in federal rather than state court, a move that could end up delaying the former president’s sentencing date next month.
The motion for removal cites the Supreme Court’s ruling in July on presidential immunity from prosecution for official acts as the primary rationale for moving the case to federal court.
A federal judge denied the previous attempt to move the case last year.
A Manhattan jury convicted Trump on 34 felony counts of falsifying business records in New York state court in May. Sentencing is scheduled for Sept. 18 before New York County Supreme Court Justice Juan Merchan.
In addition to requesting that the case be moved to federal court, Trump’s lawyers asked the court to “confirm that Justice Merchan may not sentence President Trump during litigation over this Second Removal Notice.”
Trump’s lawyers cited a Supreme Court ruling last month that said presidents have some immunity from criminal prosecution for official acts. Thursday’s filing argued that the ruling means “prosecutors may not use official-acts evidence in connection with a prosecution that they claim arises out of unofficial conduct.”
To move a state criminal case to federal court under the statute Trump cites, a person must be a “federal officer” and must show that the defenses include colorable arguments based on the U.S. Constitution or statutes.
Trump’s lawyers argue that he is entitled to pause his sentencing while his removal notice is litigated because the statute prohibits the entry of a “judgment of conviction” before a case is sent back, or remanded, to state court.
The Manhattan district attorney’s office, which presented the case to a grand jury and prosecuted it, did not immediately respond to a request for comment Thursday evening.
The criminal case in which Trump was convicted — a first for a former president — centers on hush money payments made to adult film actor Stormy Daniels in the final weeks of the 2016 presidential campaign.
Attorneys for Trump asked Merchan this month to delay the Sept. 18 sentencing until after the November presidential election. Merchan has not yet ruled on the request.