Donald Trump seeks to move NY criminal case to federal court

U.S. Court Watch

Donald Trump ’s lawyers have asked a federal court to take control of his New York City criminal case. They argued Thursday that the former president can’t be tried in the state court where his historic indictment was brought because the alleged conduct occurred while he was in office.

In court papers, Trump’s lawyers said the criminal case “involves important federal questions,” including alleged violations of federal election law. Federal officers, including former presidents, have the right to be tried in federal court for charges arising from “conduct performed while in office,” the lawyers argued.

Echoing Trump’s claims that his indictment is “politically motivated,” lawyer Susan Necheles urged the federal court to exert its “protective jurisdiction” and seize the case from the state courts where Manhattan District Attorney Alvin Bragg routinely practices.

Such requests are rarely granted in criminal cases, although Trump’s request is unprecedented because he’s the first former president ever charged with a crime.

"This effort is extremely unlikely to succeed,” said Rebecca Roiphe, a professor at New York Law School. “It’s not even clear that this would be a particularly effective delay tactic.”

Moving the case could give Trump some advantages, such as a broader, more politically diverse jury pool — but the fundamentals of the case would remain largely intact.

The Manhattan district attorney’s office would still prosecute him and state law would still apply, but with the oversight of a federal judge, said University of Iowa law professor Derek Muller.

Related listings

  • Judge in Washington orders feds to keep abortion pill access

    Judge in Washington orders feds to keep abortion pill access

    U.S. Court Watch 04/09/2023

    A federal judge in Washington state on Friday ordered U.S. authorities not to make any changes that would restrict access to the abortion medication mifepristone in 17 Democratic-led states that sued over the issue, countering a ruling by a judge in ...

  • Judge: People can sell candy, cakes, cookies without license

    Judge: People can sell candy, cakes, cookies without license

    U.S. Court Watch 01/01/2023

    A Dane County judge has ruled that people can sell a wide range of homemade food without a commercial license or kitchen.Judge Rhonda Lanford issued the decision earlier this week, the Wisconsin State Journal reported Saturday. The ruling expands the...

  • Georgia high court reinstates ban on abortions after 6 weeks

    Georgia high court reinstates ban on abortions after 6 weeks

    U.S. Court Watch 11/25/2022

    The Georgia Supreme Court on Wednesday reinstated the state’s ban on abortions after roughly six weeks of pregnancy, abruptly ending access to later abortions that had resumed days earlier.In a one-page order, the justices put a lower court rul...

St. Louis Missouri Criminal Defense Lawyer

A National Presence with clients all over the country. For years, The Law Offices of John M. Lynch, LLC, has been committed to providing clients with the attentive service and the strong representation needed to resolve complex criminal defense, personal injury and general litigation issues. And we have achieved and unparalleled level of success. Our St. Louis trial lawyers aggressively defend state and federal cases involving drug crimes, white collar crimes, violent crimes, DWI and other crimes in the St. Louis area and beyond. As our motto states, YOUR SOLUTION BEGINS WITH US. Call us today for your free consulation!”

Any federal crime allegation or arrest can change your life. The consequences for a conviction are severe, including the possibility of fines, property forfeiture, prison time and other punishments. Aggressive representation is needed to defend against charges at the federal level. The Law Offices of John M. Lynch, LLC, offers experienced federal criminal defense for clients in St. Louis, St. Charles and surrounding communities in Missouri, Illinois and the nation. Our law firm has a proven record of success for cases involving serious federal charges.