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imanamerican63

(13,843 posts)
Thu May 4, 2023, 03:15 PM May 2023

This is interesting, what is behind this move?

Trump wants his Manhattan trial move to a Federal Court hearing.

According to Trump’s lawyers, they are going to ask the judge to move it, without giving any reasons or motive why they are seeking the motion.

Story from CBS.com

I’m no legal expert, but if they are successful in doing so, doesn’t that attach a federal crime statue to be added? Especially where Trump would face federal charges rather than the state of New York? I’m confused! But hey, if that is going to be more detrimental to Trump, so be it!

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This is interesting, what is behind this move? (Original Post) imanamerican63 May 2023 OP
I think because the Statute of Limitations has expired? JenniferJuniper May 2023 #1
Completely irrelevant Effete Snob May 2023 #5
What clock is that? JenniferJuniper May 2023 #8
Yes Effete Snob May 2023 #13
Maybe so they can manipulate AnnaLee May 2023 #2
BINGO! RegulatedCapitalistD May 2023 #9
Probably something like that. He knows a NY jury would not be favorable to him. brush May 2023 #10
It would still be a New York jury Effete Snob May 2023 #14
Hope so. Someone else mentioned his lawyers might try to go judge shopping for a favorable judge. brush May 2023 #21
He only appointed 4 out of 41 in that district Effete Snob May 2023 #26
If he gets a federal conviction, a future president can pardon Maeve May 2023 #3
The first thing I would like to ask you is this.... Effete Snob May 2023 #4
Judge Shopping Beetwasher. May 2023 #6
Confuse, delay, irrelevant actions. The Orange Shitgibbons short playbook. NY courts'll handle him. marble falls May 2023 #7
Tell Trump that moving it there allows for the death penalty. LiberalFighter May 2023 #11
Is this the Jean Carrol case? Sanity Claws May 2023 #12
No it is the Bragg case. Bev54 May 2023 #15
Thanks for the explanation Sanity Claws May 2023 #17
No Effete Snob May 2023 #16
Thanks. Sanity Claws May 2023 #18
Thanks, I should have clarified that point my post! imanamerican63 May 2023 #19
Presumably the argument is that some of the charges arise from actions taken in 2017. onenote May 2023 #22
Yah Effete Snob May 2023 #24
It started as a federal case with Cohen and "Individual #1" tinrobot May 2023 #20
If Rump wants it, it has to be illegal, immoral, or just plain ill. Nt Baked Potato May 2023 #23
Because the state will not pardon him. nt usedtobedemgurl May 2023 #25
 

Effete Snob

(8,387 posts)
13. Yes
Thu May 4, 2023, 04:29 PM
May 2023

I found the article in question:

https://www.cbsnews.com/newyork/news/trump-manhattan-criminal-case-new-york-federal-court/?intcid=CNM-00-10abd1h

The underlying acts of the falsification of records charge is not over the time limit.

Removal to federal court will not change the state law under which the case would proceed (including the statute of limitations).

A statute of limitation is tolled upon commencement of prosecution - i.e. the countdown clock stops.

brush

(53,978 posts)
10. Probably something like that. He knows a NY jury would not be favorable to him.
Thu May 4, 2023, 03:52 PM
May 2023

He's not popular in his own home town.

 

Effete Snob

(8,387 posts)
14. It would still be a New York jury
Thu May 4, 2023, 04:30 PM
May 2023

If a criminal case is removed from a New York state court to a New York federal court, it is still going to get a New York jury.

brush

(53,978 posts)
21. Hope so. Someone else mentioned his lawyers might try to go judge shopping for a favorable judge.
Thu May 4, 2023, 05:09 PM
May 2023

Last edited Fri May 5, 2023, 11:38 AM - Edit history (2)

A trump-appointed one I assume.

Maeve

(42,315 posts)
3. If he gets a federal conviction, a future president can pardon
Thu May 4, 2023, 03:26 PM
May 2023

And he's still angling to be a future president

 

Effete Snob

(8,387 posts)
4. The first thing I would like to ask you is this....
Thu May 4, 2023, 03:27 PM
May 2023


Do you want a prosecutor in Bumfuck, Oklahoma to be able to indict Joe Biden for whatever they can come up with in the Bumfuck County prosecutor's office?

Just answer yes or no. We can deal with substantive distinctions anyone would like to make later, along with tactics for getting around those distinctions.

After getting that out of the way, then you are ready for 28 USC 1455 and 28 USC 1442, which were designed to prevent state courts from being able to railroad federal officials.

https://www.law.cornell.edu/uscode/text/28/1442

28 U.S. Code § 1442 - Federal officers or agencies sued or prosecuted

(a) A civil action or criminal prosecution that is commenced in a State court and that is against or directed to any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:

(1) The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity, for or relating to any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue.

(2) A property holder whose title is derived from any such officer, where such action or prosecution affects the validity of any law of the United States.

(3) Any officer of the courts of the United States, for or relating to any act under color of office or in the performance of his duties;

(4) Any officer of either House of Congress, for or relating to any act in the discharge of his official duty under an order of such House.



https://www.law.cornell.edu/uscode/text/28/1455

28 U.S. Code § 1455 - Procedure for removal of criminal prosecutions

(a) Notice of Removal.—

A defendant or defendants desiring to remove any criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such prosecution is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.

(b) Requirements.—

(1) A notice of removal of a criminal prosecution shall be filed not later than 30 days after the arraignment in the State court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order granting the defendant or defendants leave to file the notice at a later time.

(2) A notice of removal of a criminal prosecution shall include all grounds for such removal. A failure to state grounds that exist at the time of the filing of the notice shall constitute a waiver of such grounds, and a second notice may be filed only on grounds not existing at the time of the original notice. For good cause shown, the United States district court may grant relief from the limitations of this paragraph.

(3) The filing of a notice of removal of a criminal prosecution shall not prevent the State court in which such prosecution is pending from proceeding further, except that a judgment of conviction shall not be entered unless the prosecution is first remanded.

(4) The United States district court in which such notice is filed shall examine the notice promptly. If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand.

(5) If the United States district court does not order the summary remand of such prosecution, it shall order an evidentiary hearing to be held promptly and, after such hearing, shall make such disposition of the prosecution as justice shall require. If the United States district court determines that removal shall be permitted, it shall so notify the State court in which prosecution is pending, which shall proceed no further.

Sanity Claws

(21,866 posts)
12. Is this the Jean Carrol case?
Thu May 4, 2023, 04:09 PM
May 2023

As a resident of Florida, there would have been complete diversity and he would have had the right to remove the case to federal court. However, it is too late to do at this stage. He snoozed, he lose!

 

Effete Snob

(8,387 posts)
16. No
Thu May 4, 2023, 04:32 PM
May 2023


This is the criminal case involving falsification of records, for which they can attempt removal under 28 USC 1442. One can argue about the applicability of that statute, but that would be the basis for trying it:

https://www.cbsnews.com/newyork/news/trump-manhattan-criminal-case-new-york-federal-court/?intcid=CNM-00-10abd1h

onenote

(42,870 posts)
22. Presumably the argument is that some of the charges arise from actions taken in 2017.
Thu May 4, 2023, 05:24 PM
May 2023

Trump isn't an officer of the United States today and he wasn't one when the initial hush money payment was made. But the charges in the indictment cover actions taken in 2017 after Trump became president so that may be what they're hoping will provide the basis for a Section 1422 removal.

 

Effete Snob

(8,387 posts)
24. Yah
Thu May 4, 2023, 06:46 PM
May 2023

What's kind of funny about that is that he wasn't supposed to be running the business in 2017.

So, it will be another one of those "protecting the reputation of the officeholder is part of the responsibilities of the office" arguments as was attempted in the Carroll case.

tinrobot

(10,927 posts)
20. It started as a federal case with Cohen and "Individual #1"
Thu May 4, 2023, 04:48 PM
May 2023

I think the argument is that somehow the case needs to be tried there.

The hope is that they kick the can down the road far enough so Trump can pardon himself -- he can only do that with federal cases.

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