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donald trump’s The former president will seek to transfer his criminal case in New York City to federal court, a lawyer said Thursday, in a long-running attempt to avoid a trial in state court historic indictment was brought.
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Such a move, while rare, would be of great advantage to Trump, including a broader, more politically diverse jury, more likely to include suburban Republicans. In the state court in Manhattan, the jury was drawn only from that borough, where voters were very supportive of his Democratic opponent.
“It’s highly unlikely that such an effort will succeed,” said Rebecca Roiphe, a professor at New York Law School. “It’s not even clear that this is a particularly effective delaying tactic.”
Trump’s attorney, Todd Branch, raised the possibility of a federal court case during a state court hearing on Thursday, with a judge saying he would limit Trump’s access to certain evidence as prosecutors have asked, but not A gag order would be issued or he would be prohibited from speaking publicly about the case.
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Branch told a state court judge that the defense team plans to file a motion Thursday to move the case from state to federal court. He did not say why and did not comment to reporters as he left court.
Trump’s lawyers have until Thursday’s deadline to file documents laying out their reasons for moving the case — which he pleaded not guilty to after 30 days in a state court arraignment on April 4 34 felonies Falsification of business records.
A federal judge will then have to rule on whether the case can be transferred. Such requests are more common in civil lawsuits and are rarely granted in criminal cases. At the conclusion of that process, the case will continue in state court with all pretrial deadlines remaining in effect.
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At Thursday’s hearing, prosecutors did not address the pending request. The office of Manhattan District Attorney Alvin Bragg left a message seeking comment.
“It is possible to move the state prosecution to federal court, but there are limited grounds for doing so, none of which appear to apply to this case,” said Roiphe, a former Manhattan prosecutor.
Trump’s allegations, the first against a former presidentIn connection with hush money payments made in 2016 to cover up allegations of extramarital sexual encounters.
Federal prosecutors in Manhattan previously investigated the arrangements and indicted only one person: Trump’s former lawyer and middleman michael cohen, who pleaded guilty to violating federal campaign finance laws over the payments.cohen is a key witness In the state case against Trump.
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Trump, a Republican, has denied wrongdoing and has pleaded not guilty.
At a hearing earlier Thursday, Judge Juan Manuel Merchan tried to broker a compromise between Trump’s lawyers and prosecutors who feared he would use evidence obtained during pretrial discovery to attack witnesses and others involved, just like he has in the past.
The judge, who became the target of Trump’s social media ire after being indicted, did not rule on the prosecutor’s request for a so-called protective order. But he said he wanted to strike a balance between the sanctity of the case, the safety of those involved and Trump’s right to free speech.
“Obviously, Mr. Trump is different. I would be foolish to say he is not. He is a former president of the United States, and now he is running again,” Merchian said.
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Trump’s reputation and megaphone set him apart from other criminal defendants, the judge said, but “with that comes the possibility that his words, especially when used in rhetorical form, can have consequences.”
Blanche said Trump neither sought evidence on social media nor opposed the indictment request, in part because of security concerns to keep the identities of district attorney’s office employees secret until the trial begins.
Merchan said that once he makes his ruling, he will hold a mixed meeting — lawyers in court and Trump via videoconference — in which he will be informed of what to do and what not to do with his impending order.
Mercan asked Trump’s lawyers and prosecutors to negotiate and agree on a February 2024 or March 2024 trial date. Unless transferred to federal court, Trump could stand trial in next year’s primary election.
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William Dow III, a Connecticut attorney for more than 50 years, said he had never heard of a state criminal case being transferred to federal court. He called the move a delaying tactic.
“It’s interesting that sometimes people who want to dodge a problem will take whatever avenue is available, whether it’s accurate or not. I think this (Trump’s case) is subject to that interpretation,” said Dow, whose clients include the former Connecticut State Governor John Rowland, whose involvement in a political corruption case forced his resignation in 2004.
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