Attorneys for former President Donald J. Trump are asking, for a second time, that Manhattan District Attorney Alvin Bragg‘s prosecution be removed to federal court. Their newest filing cites significant legal issues in the aftermath of the United States Supreme Court‘s presidential immunity ruling in Trump v. United States.
“This ‘zombie’ case should have been dismissed long ago,” write Trump‘s attorneys Todd Blanche and Emil Bove in the motion. “The Manhattan District Attorney’s Office (‘DANY‘) violated the Presidential immunity doctrine in grand jury proceedings, and again at trial, by relying on evidence of President Trump’s official acts during his first term in Office.”
IMMUNITY RULING.
At the core of the Trump legal team’s filing is Bragg‘s reliance on testimony from Trump White House aide Hope Hicks—as well as emails and other documents submitted as evidence through her testimony.
The Supreme Court held in early July that former President Trump—and all U.S. presidents—are presumed to be immune from prosecution for official acts in office. Hicks’s testimony and documents entered into evidence by Bragg likely falls under this immunity, meaning they are inadmissible.
PREDICATE CRIME PROBLEM.
“The U.S. Supreme Court recently ruled that these types of violations threaten the structure of the federal government and the ability of future Presidents to carry out their vital duties in the way the Framers intended,” the removal filing reads.
Trump‘s attorneys also raise the issue of the predicate charges—also impacted by a recent Supreme Court ruling: “DANY’s flawed case is also preempted because their Indictment turned on the improper use of state law to try to retroactively police the 2016 Presidential election through non-unanimous jury findings.”
If successful, the case would be removed from the jurisdiction of New York Judge Juan Merchan and moved to federal court, where the charges against Trump could be quickly vacated and thrown out.