Hot Take: Will Trump Utilize a Federal Court Shift to Dodge the "Silent Treatment" Case?
Take a gander at what could turn out to be Trump's big play ahead of the upcoming trial, according to his attorneys Todd Blanche and Emil Bove. They've suggested the possibility of a courtroom switch-up, from state court to federal tribunal, to give Trump a better shot at challenging the allegations against him.
Given the high stakes of the upcoming presidential election and Trump's current predicament, they reckon that an impartial judiciary might offer a fighting chance for Trump to contest these legal infringements.
Back in May, a New York jury found Trump guilty on all 34 counts for falsifying business records to cloak a 2016 payoff to adult film actress Stormy Daniels, marking a historical first: the first criminal conviction of a U.S. ex-President.
After the Supreme Court determined in July that a former president enjoys considerable immunity from criminal investigations for 'official acts' during their term, not for 'non-official acts', Trump's legal team jumped into action. They promptly petitioned Judge Juan Merchan of New York to nullify the guilty verdict. While Merchan indicated he would deliver a verdict on the motion to vacate the verdict on September 16, he also announced that the sentence would be announced on September 18, mere weeks before the November 5 presidential election.
In late-August, Trump made a bid for a delay in announcing any potential sentence until after the election. But what if that's not enough? The attorneys argue that moving the case to a federal court could ensure a fairer trial, insulated from regional prejudices.
The legal team's push for a federal court move can be traced back to the prosecutors' introduction of evidence related to Trump's official acts during his time in office, which some argue could position the case under federal jurisdiction. However, a district court judge previously turned down this request, stating that the conduct at issue had nothing to do with the job of the president.
Critics claim that the legal maneuvers aim to delay the inevitable outcome, while Trump's team insists they're fighting tooth and nail for a fair and impartial hearing. Will it work? The success of their appeal to the U.S. Court of Appeals for the 2nd Circuit will depend on the strength of their arguments and their ability to convincingly demonstrate that federal jurisdiction is warranted.
Fun Facts:
- If Trump's legal team pursues the case in federal court, they could potentially cite the First Amendment, greater jurisdiction, stricter liability standards, and access to expert testimony as favorable aspects of the federal court system.
