Former President Donald Trump has again requested that his New York business-record case be transferred to federal court.
In a late Monday filing, Mr. Trump’s lawyers asked the Manhattan-based 2nd U.S. Circuit Court of Appeals to overrule U.S. District Court Judge Alvin Hellerstein’s September decision not to transfer it.
“This case presents complex first-impression issues relating to the Supremacy Clause, federal-officer removal, appearances of impropriety and conflicts in connection with an unprecedented and baseless prosecution of the leading candidate in the 2024 Presidential election, and the ability of future Presidents to serve the American people without fear of reprisal from hostile local officials,” the filing says.
Judge Hellerstein wrote in his decision last month that “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.”
Mr. Trump’s lawyers had requested the switch to federal court after the Supreme Court ruled in July that presidents have some level of immunity for official acts. They say in the filing that the judge disregarded parts of the high court’s ruling when making his decision.
New York Supreme Court Judge Juan Merchan, who oversaw the case, is expected to rule by Nov. 12 whether the case should be thrown out based on the presidential immunity ruling.
Mr. Trump is set to be sentenced Nov. 26. He was found guilty in May of 34 felony counts of falsifying business records in connection to payments made to porn actress Stormy Daniels in 2016. He pleaded not guilty.
• Mallory Wilson can be reached at mwilson@washingtontimes.com.
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