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NextImg:Trump awaiting multiple rulings in hush money case - Washington Examiner

Former President Donald Trump is making significant efforts to postpone his sentencing in the New York hush money case as the presidential election approaches, with prosecutors and judges firmly opposing most of his efforts so far.

Trump last week submitted a last-ditch request to transfer the already-adjudicated case to federal court. U.S. District Judge Alvin Hellerstein on Tuesday denied his federal court transfer request, prompting the Republican presidential nominee to file a notice of appeal later in the evening.

Former President Donald Trump awaits the start of proceedings on the second day of jury selection on April 16, 2024, at Manhattan Criminal Court in New York. (Justin Lane/Pool Photo via AP)

Meanwhile, the judge who presided over the hush money trial, Juan Merchan, is expected to decide soon on Trump’s multi-pronged effort to throw a wrench in the sentencing schedule as early as this week, as the Sept. 18 sentencing date fast approaches.

The movement in court underscores Trump’s determination to avoid receiving his sentence just seven weeks before the election and even closer to the start of early voting in some states later this month.

Here is what to know about Trump’s last-minute legal requests in New York:

The request to move to federal court

Trump’s lawyers say the Supreme Court‘s July 1 decision in Trump v. United States, which found some forms of immunity for former presidents facing criminal indictments, should allow his already-adjudicated hush money case to transfer to federal court.

A previous attempt to push Trump’s case to federal court before the trial commenced earlier in the spring was made and rejected. Legal experts say the effort is far-flung and will likely fail.

Because Hellerstein rejected the move to federal court, Trump is now appealing to the liberal-leaning U.S. Court of Appeals for the 2nd Circuit.

Manhattan District Attorney Alvin Bragg, the elected Democrat who prosecuted Trump, opposes that specific effort, stating that “federal law is clear” in denying a delay on those grounds and citing a previous failed attempt to move the case before the trial began. Separately, Bragg does not oppose a general sentencing delay so long as Merchan implements it.

Trump is asking Merchan to delay sentencing until after Election Day

Perhaps most prominent among Trump’s requests for Merchan is for a general sentencing delay. The former president would like to move the date past the Nov. 5 election.

While Bragg does not oppose some form of sentencing delay issued by Merchan, it is unclear whether the judge will push the sentencing beyond Election Day.

A decision could be imminent, with just two weeks remaining until Trump is slated to be back at 100 Centre Street in Manhattan for his 10 a.m. sentencing as the schedule currently stands.

The guilty verdict should be tossed: Trump

A high-stakes request from Trump involves his bid to use the Supreme Court’s presidential immunity precedent to reverse a jury’s guilty verdict against him.

On May 30, a Manhattan jury found Trump guilty of 34 felony counts of falsifying business records related to a $130,000 payment to porn star Stormy Daniels during the 2016 election.

At the core of Trump’s argument is the notion that several pieces of evidence presented to jurors involved records and comments he made while he was serving his first term in the Oval Office. His lawyers argue that those items should not have been presented to the jury at trial.

But Trump’s immunity efforts in New York have not fared well thus far, as Hellerstein wrote in his four-page decision Tuesday that there was “nothing in the Supreme Court’s opinion [that] affects my previous conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority.”

Merchan is still planning to decide whether to toss the conviction over immunity concerns by Sept. 16, just two days before the planned sentencing.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

These legal maneuvers highlight Trump’s efforts to avoid sentencing as he campaigns for the presidency. Vice President Kamala Harris, Trump’s political opponent after President Joe Biden ended his campaign, has used the case to frame the election as a decision between a former prosecutor and a convicted felon.

Trump faces up to four years in prison for the hush money charges, although a shorter sentence, probation, and a fine are also possibilities.