Donald Trump’s legal team will request a transfer from state court to a U.S. federal judge regarding a criminal case accusing the former president of falsifying business records in connection with a hush money payment to a porn star.
Trump argues that the case should be heard in federal court, citing its relevance to the presidency, involvement of federal election law, and his claim of immunity from state prosecution.
As the frontrunner for the 2024 Republican presidential nomination, Trump pleaded not guilty in April in Manhattan to 34 state charges of falsifying business records, which were related to concealing reimbursements to his former lawyer Michael Cohen for the $130,000 payment made to silence porn star Stormy Daniels prior to the 2016 election.
Stephanie Clifford (known as Stormy Daniels) claims to have had a sexual encounter with Trump.
U.S. District Judge Alvin Hellerstein ruled that Trump’s presence was not necessary for the hearing.
One key aspect in determining jurisdiction is whether the charges are linked to Trump’s presidency. Trump’s lawyers argue that his hiring of Michael Cohen, his former lawyer, was based on his role as president, suggesting a sufficient association.
Furthermore, they contend that the charges involve reimbursing Cohen for a payment intended to influence the presidential election. They claim that federal law supersedes state law in federal election matters and assert that Trump is immune from state prosecution due to the payment occurring in 2017, during his presidency.
The Manhattan District Attorney’s office, which initiated the case, asserts that the conduct in question has no relevance to Trump’s presidential duties.
Prosecutors argue that there is no connection to any official act and state that federal election law does not override state regulations on fraud. They also challenge Trump’s claim of immunity, stating that his actions did not involve official duties.
If the case remains in state court, it is scheduled for trial in March, adding further complexity to the legal proceedings.
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