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Rachel Schilke, Breaking News Reporter


NextImg:Trump's legal team makes another request to move Manhattan criminal case to federal court

Legal counsel for former President Donald Trump filed another motion to move the criminal investigation out of Manhattan and into federal court.

Trump's lawyers blasted the "political motivation" of Manhattan District Attorney Alvin Bragg to "wrongfully prosecute" the former president, who is charged with 33 counts of falsifying business records.

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His legal team argued that the alleged crimes "took place while the president was in office" and that the Manhattan district attorney's office (DANY) is "deceptively mischaracterizing and ignoring the applicable facts and body of law."

"According to DANY, the crux of its case was a purportedly 'illegal scheme that was largely perpetrated before defendant became [P]resident.' Such an alleged scheme, albeit nonexistent, could only violate federal, not state, campaign finance laws, as made clear by both the federal jurisprudence and the New York State election board,'" the court document filed Thursday said.

The defense attorneys and prosecutors have filed dueling motions over where to try Trump's case. Prosecutors argue that Trump's alleged criminal misconduct had nothing to do with his job as president.

The 33 counts are related to hush-money payments made to adult film star Stormy Daniels during the 2016 presidential campaign before Trump was president — payments that Bragg's team argues were solely campaign reimbursements and not done under federal law.

However, Trump's team argues that the payments to his former personal lawyer, Michael Cohen, were paid in part to retain Cohen's services for when Trump became president.

"The federal removal statute permits ... a criminal prosecution to be removed to federal court where such action is against 'any officer' of the United States and the action 'for or relating to any act under color of such office,'" the filing states.

"The question answers itself — clearly these actions were 'connected or associated' with President Trump's official duties of ensuring that there was no doubt that he was complying with the Constitution of the United States of America, including the Foreign Emoluments Clause and the Take Care Clause," the filing continued.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

United States District Judge Alvin Hellerstein, who is overseeing the case, will hold a hearing on June 27 for oral arguments.

A tentative trial start date is scheduled for March 25, which will land right in the middle of the primary season. Trump is polling as the front-runner for the Republican Party.