Donald Trump seeks to move NY criminal case to federal court

EvilEyeFleegle

Dogpatch USA
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Nov 2, 2017
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Twin Falls Idaho
Interesting..he'd gain a lot by doing that..but what are the odds? Slim to none?


Donald Trump 's lawyers have asked a federal court to take control of his New York City criminal case. They argued Thursday that the former president can’t be tried in the state court where his historic indictment was brought because the alleged conduct occurred while he was in office.
Echoing Trump's claims that his indictment is “politically motivated,” lawyer Susan Necheles urged the federal court to exert its “protective jurisdiction” and seize the case from the state courts where Manhattan District Attorney Alvin Bragg routinely practices.
Such requests are rarely granted in criminal cases, although Trump's request is unprecedented because he’s the first former president ever charged with a crime.
“This effort is extremely unlikely to succeed,” said Rebecca Roiphe, a professor at New York Law School. “It’s not even clear that this would be a particularly effective delay tactic.”
Moving the case could give Trump some advantages, such as a broader, more politically diverse jury pool — but the fundamentals of the case would remain largely intact.
The Manhattan district attorney's office would still prosecute him and state law would still apply, but with the oversight of a federal judge, said University of Iowa law professor Derek Muller.

“It’s essentially just a change in courthouses,” Muller said.
 
Moving the case could give Trump some advantages, such as a broader, more politically diverse jury pool
His lawyers are setting up for the appeal. If no change of venue is allowed, especially after an indictment is brought by an DA that ran for office promising it, then that will be excellent grounds for a review by a higher court. Any jury seated in Manhattan or DC would be a slam dunk conviction and everyone knows it.
 
Interesting..he'd gain a lot by doing that..but what are the odds? Slim to none?


Donald Trump 's lawyers have asked a federal court to take control of his New York City criminal case. They argued Thursday that the former president can’t be tried in the state court where his historic indictment was brought because the alleged conduct occurred while he was in office.

I don't see how that's a credible argument. He broke a state law while he was in office, so now that he's out of office, he can be prosecuted for that offense.
 
Interesting..he'd gain a lot by doing that..but what are the odds? Slim to none?


Donald Trump 's lawyers have asked a federal court to take control of his New York City criminal case. They argued Thursday that the former president can’t be tried in the state court where his historic indictment was brought because the alleged conduct occurred while he was in office.
Echoing Trump's claims that his indictment is “politically motivated,” lawyer Susan Necheles urged the federal court to exert its “protective jurisdiction” and seize the case from the state courts where Manhattan District Attorney Alvin Bragg routinely practices.
Such requests are rarely granted in criminal cases, although Trump's request is unprecedented because he’s the first former president ever charged with a crime.
“This effort is extremely unlikely to succeed,” said Rebecca Roiphe, a professor at New York Law School. “It’s not even clear that this would be

Judge Nixes Trump's Bid To Move Hush - Money Criminal Case, Keeping It In New York State Court.


NEW YORK (AP) — A federal judge on Wednesday rejected Donald Trump ’s bid to move his hush-money criminal case from New York state court to federal court, ruling that the former president had failed to meet a high legal bar for changing jurisdiction.

U.S. District Judge Alvin K. Hellerstein found that the allegations in the Manhattan case pertained to Trump’s personal life, not presidential duties that would have merited a move to federal court.

“The evidence overwhelmingly suggests that the matter was a purely a personal item of the President — a cover-up of an embarrassing event,” Hellerstein wrote in a 25-page ruling. “Hush money paid to an adult film star is not related to a President’s official acts. It does not reflect in any way the color of the President’s official duties.”
 

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