(5MinNewsBreak.com) – Seeking to delay sentencing and challenge his 34 felony convictions, GOP presidential nominee Donald Trump’s legal team is fighting to transfer his New York hush money case to federal court.
This bold move could allow Trump to dismiss the prosecution if he wins the presidency, which could strike a massive blow to the political witch hunt Democrats launched against him.
Trump’s attorneys filed an appeal with the U.S. Court of Appeals for the Second Circuit, urging them to reconsider a previous decision that denied the transfer.
The defense argues that the jury was improperly shown evidence of Trump’s official acts as president, which, according to a recent Supreme Court decision, should be protected by presidential immunity.
The case stems from allegations that Trump falsified business records related to hush money payments made to adult film actress Stormy Daniels before the 2016 election.
Trump has consistently denied any wrongdoing and maintains that the charges are part of a witch hunt against him.
U.S. District Judge Alvin Hellerstein previously rejected Trump’s request to move the case to federal court, claiming the payments were private acts.
However, Trump’s legal team argues that this denial was based on flawed analysis and raises serious concerns about conflicts of interest and political motivations behind the prosecution.
“Nothing in the Supreme Court’s opinion affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority,” Judge Hellerstein wrote.
Trump’s lawyers assert that Hellerstein ignored key evidence and misapplied legal precedents.
They contend that federal law should take precedence over state law for federal officers like the president.
By doing so, Trump’s team emphasizes the need for a “fair and orderly litigation” of the presidential immunity defense in federal court.
The appeal could significantly impact the timing of Trump’s sentencing, currently scheduled for November 26.
Trump’s legal team argues that proceeding with sentencing would cause “irreparable harm” as they seek to transfer the case to federal court and properly address the presidential immunity issue.
This legal battle is just one of many the Republican candidate faces as he campaigns to return to the White House.
The outcome of this case could have far-reaching implications for the extent of presidential immunity and the balance of power between state and federal courts.
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