Posted on 05/04/2023 9:54:09 AM PDT by ChicagoConservative27
Former President Trump will try to move his Manhattan criminal hush money case from state to federal court, his lawyer said.
Trump attorney Todd Blanche made the announcement during a court hearing Thursday, according to The Associated Press.
Moving the case to federal court would increase the potential jury pool, which is currently limited to the heavily-Democratic population of Manhattan.
Blanche said Trump’s legal team will file a motion later Thursday to transfer the case, according to the AP.
Trump faces 34 felony counts of falsifying business records over his alleged role in a hush money scheme ahead of the 2016 presidential election. He pleaded not guilty.
(Excerpt) Read more at thehill.com ...
Out of the pan into the fire!
Federal court is no guarantor of the rule of law or a fair and impartial judge/jury.
Also, in federal court President Trump can get the case thrown out for statute of limitations. It's Bragg in state court that's trying to force the case despite statute of limitations using an extreme interpretation of New York state statutes that won't apply in federal court.
-PJ
Danials signed an NDA. Big deal. “Hush money” sound so much more sinister.... .
“Trump faces 34 felony counts of falsifying business records over his alleged role in a hush money scheme ahead of the 2016 presidential election. He pleaded not guilty.”
With no evidence.
They would move it to DC which is even worse.
This case was carefully put together to make sure they had the most crooked aspects of the justice system at work. Crooked AG, Crooked Judge, And a cess-pool for the jury. I don’t think its going anywhere.
And the NDA issue is absurd. Stormy Daniels saw an opportunity to extort money from Donald Trump in the late stages of a close Presidential election. She is a self promoting porn actress and prostitute who has signed a sworn statement denying any relationship with Donald Trump. Not that she has any credibility at all, even for a denial. I seriously doubt that famously germophobe Trump would have sex with that portable STD petri dish, but I could care less either way.
In Federal Court, Trump could appeal to Circuit Court, then Supreme Court.
I have to believe at least ONE of these courts is honest and unbiased.
I HAVE to believe that.
And then a federal judge can declare him a flight risk and deny him the use of his airplane.
Incorrect. He’s charged with state crimes, so the federal court applies the laws of New York. However, since the case is barred by the New York statute of limitations, it should still be tossed
But the federal court doesn't have to accept Bragg's interpretation of the state laws, which is what is going on here. Nobody believes that Bragg can use a federal campaign law that (1) is past the statute of limitations and (2) was declined to be prosecuted by federal agencies, to bootstrap his state law into a felony crime.
I don't think a federal court would go along with that interpretation, and I don't think they have to accept it just because it's a state law.
-PJ
Almost impossible to remove a state criminal case to federal court, and the deadline for even trying has likely passed.
Agree.
This move is being made. out of sheer desperation.
Fora billionaire, Trump has the worst lawyers.
Smart move. Move to fed court, FEC has exclusive jurisdiction, declines to prosecute, fed charges get dropped, charges get dropped to misdemeanors which the statute of limitations has already expired. All charges dropped.
Agreed. I think bragg’s interprets is not correct. My point is that the original post implied that state law would not be applied in federal court
Trump hires some of the dumbest attorneys.
Trump has very little choice where attorneys are concerned FAR TO MANY attorneys will NEVER represent him, they care far more about their parties and country club events than the LAW!!!
“Incorrect. He’s charged with state crimes, so the federal court applies the laws of New York. However, since the case is barred by the New York statute of limitations, it should still be tossed.”
But Gregg is relying on an essentially federal theory (one he’s carefully avoided disclosing, going so far as not even citing the relevant federal statutes), that the payment to Stormy Daniels violated federal law, a felony, and using that alleged felony to bootstrap himself into the five years statute of limitations. The problem there is that it is federal law, law that is designed to be uniformly applied, rather than willy-nilly by every state. Thus, the federal interpretation of that law should preempt any state interpretation. All the federal authorities who have looked at this have concluded there was no violation. Thus, if Trump’s theory works, there will be no federal felony to bootstrap the state case and the state case will be barred by the two-year statute of limitations. All in all, a very smart move by Trumps attorneys.
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