A judge denied former President Trump's request to move his New York hush money case to a federal court Tuesday, The Hill reported. Trump immediately filed an appeal Wednesday in the hopes of delaying his upcoming sentencing hearing.
Trump was convicted of 34 felony counts of falsifying business records in Justice Juan Merchan's Manhattan courtroom in May. With his sentencing hearing scheduled for Sept. 18, the GOP presidential nominee could find himself behind bars weeks before the general election if Merchan imposes jail time.
Trump is again asking U.S. District Judge Alvin Hellerstein to move his case to federal court. "The national public has an interest in free and fair elections, unburdened by the potential for the unlawful incarceration of President Trump by local officials in a single county," attorneys Emil Bove and Todd Blanche said in Wednesday's court filing on behalf of Trump.
"The public would therefore benefit from a stay that could allow Justice Merchan to avoid the ‘rat’s nest of comity and federalism issues’ attendant to the Presidential immunity defense and President Trump’s potential sentencing in the weeks before the election while the Second Circuit determines whether the appropriate forum is in this District," they wrote. It's unclear whether that will happen, however.
Hellerstein has twice turned down Trump's request for removal. The first time was before the trial began in Manhattan, and Trump's attorneys abandoned an appeal the first time around.
However, the Supreme Court's decision to broadly define Trump's presidential immunity in another case has opened the door to a fresh challenge. His attorneys argue that the issue now puts the case back into the federal courts.
The judge disagreed with this rationale in his most recent rejection. Hellerstein ruled that "nothing in the Supreme Court’s opinion affects my previous conclusion" when turning down his second attempt.
Trump's attorneys were undeterred by this flat refusal in their new motion. "President Trump respectfully disagrees with the Court’s view," they wrote as they took another crack at the move.
The motion also noted that Trump is petitioning the Second Circuit to delay the ruling while the appeal is considered. This is one of many tactics attorneys are using to delay sentencing until after the election.
Trump's sentencing could bring the American election process into uncharted waters. Meanwhile, the New York Times was working overtime Wednesday to shore up support for Merchan as he mulls the most divisive sentence in modern political memory.
Painting him as a righteous judge of impeccable character, the Times acknowledged that throwing a candidate behind bars could irreparably harm trust in the judicial system. "The judge is in an impossible situation, and one that doesn’t lend itself to easy comparisons," Indiana University Bloomington law professor Charles Geyh said.
He added that Merchan's ultimate decision would have "historical implications" but noted that he was up to the task. "Within some quarters of the judiciary, there is the possibility of a judge running screaming from the room, and sort of seeking the least difficult way out," Geyh said.
"But I don’t think that this guy is showing signs of that," he added of Merchan. Nevertheless, it's undeniable that this use of lawfare against Trump will have repercussions directly proportional to Merchan's commitment to jail Trump in this witch hunt.
Trump has faced many attacks from his adversaries along the way, but the threat of jail is the most severe yet. A lesser man would have buckled already, but Trump has remained strong and steadfast throughout this ordeal, even as his future freedom hangs in the balance.
