What you should know
A US judge will hear arguments Tuesday on former President Donald Trump’s attempt to move his New York criminal case from state court, where he was charged, to federal court where he could seek to have the case dismissed. Judge Alvin K Hellerstein will hear arguments Tuesday afternoon, though he is not expected to adjudicate immediately.Trump’s lawyers sought to move the case to Manhattan federal court shortly after Trump pleaded not guilty in April to charges of falsifying his company’s business records to conceal hush money payments intended to bury allegations of extramarital sexual encounters.
NEW YORK — A U.S. judge will hear arguments Tuesday on former President Donald Trump’s attempt to move his New York criminal case from state court, where he was charged, to federal court where he could seek to have the case dismissed.
Judge Alvin K. Hellerstein will hear arguments Tuesday afternoon, though he is not expected to rule immediately.
Trump’s lawyers sought to move the case to Manhattan federal court shortly after Trump pleaded not guilty in April to charges that he falsified his company’s business records to hide secret money payments intended to bury the allegations. of extramarital sexual encounters.
While requests to transfer criminal cases from state to federal court are rarely granted, Trump’s prosecution is unprecedented.
Rafael Pujols with the details.
Lawyers for the Republican say the charges, while related to records from his private company, involve things he did while he was president. US law allows criminal proceedings to be removed from state courts if they involve actions taken by federal government officials as part of their official duties.
Trump is alleged to have falsified records to cover up payments made in 2017 to his former personal lawyer, Michael Cohen, to compensate him for orchestrating payments in 2016 to porn star Stormy Daniels and Playboy model Karen McDougal. Trump has denied having affairs with either woman.
Trump’s lawyers have said those payments to Cohen were legitimate legal expenses and not part of any cover-up.
The Manhattan district attorney’s office, which brought the case, argued that nothing about the payments to Cohen or the women involved Trump’s official duties as president.
If a judge agrees to transfer the case to federal court, Trump’s lawyers could seek to have the case dismissed on the grounds that federal officials are immune from criminal prosecution for actions they take as part of their official job duties.
Moving the case to federal court would also mean jurors would not only come from Manhattan, where Trump is wildly unpopular, but also from a handful of suburban counties north of the city where he has more political support.
In state court, a criminal trial is set for March 25 at the height of primary season before the presidential election next November.
Manhattan District Attorney Alvin Bragg pursued the case after Trump left office. He is the first former president charged with a crime.
David Rodríguez with the latest.
2023-06-27 15:11:08
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