Donald Trump seeks to move NY criminal case to federal court
National News
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.
In court papers, Trump’s lawyers said the criminal case “involves important federal questions,” including alleged violations of federal election law. Federal officers, including former presidents, have the right to be tried in federal court for charges arising from “conduct performed while in office,” the lawyers argued.
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.
Related listings
-
Supreme Court skeptical of man who offered adult adoptions
National News 03/23/2023The Supreme Court seemed inclined Monday to rule against a man convicted of violating immigration law for offering adult adoptions he falsely claimed would lead to citizenship.Attorneys for Helaman Hansen told the justices during approximately 90 min...
-
Oregon courthouse security video shows escaping defendant
National News 03/08/2023Newly released video in Oregon shows a defendant escaping from courthouse seconds after sheriff’s deputies remove his shackles.The defendant Edi Villalobos Jr. was appearing in court in the Portland suburb of Hillsboro on Feb. 27 for jury selec...
-
State seeks long prison term for accused NYC subway gunman
National News 01/02/2023Prosecutors plan to seek a decades-long prison sentence for a man who is expected to plead guilty this week to opening fire in a subway car and wounding 10 riders in an attack that shocked New York City.Frank James, 63, is scheduled to enter a guilty...
East Greenwich, RI Family Law Office
The Law Office of Erica S. Janton offers a wide range of legal services in all areas of family law, encompassing divorce, paternity, adoption, child support, child custody and placement, post judgment modifications, mediation and other related issues.
Erica S. Janton has extensive experience in complex high asset and high conflict family law matters. For the last decade, Erica S. Janton has devoted her career to the family law, first as a mediator and then in her legal career as a family law attorney and mediator. Attorney Janton represents a large variety of clients and has earned a well-regarded reputation for resolving complex custody and high asset, high conflict divorce cases. When providing clients with representation as an attorney, she is a compassionate and staunch advocate who ensures that her clients are well informed of their options and the related process, and prepared for every possible scenario a client may encounter.
Erica S. Janton has extensive experience in complex high asset and high conflict family law matters and uses her experience within the family court arena to individually tailor strategies with each of her clients and provide realistic solution focused results.