An attempt by former President Donald Trump‘s legal team to remove his New York felony case to federal court weeks ahead of his scheduled sentencing hearing has been rejected on technical grounds.
In May, a Manhattan jury convicted Trump on 34 felony counts of falsifying business records to subvert the 2016 presidential election by obscuring “hush money” payments to adult film star Stormy Daniels, with whom he allegedly had an affair approximately one decade earlier.
The former president, who denies that an affair took place and claims the all of his court cases are part of a Democrat-led “witch hunt,” has argued that the Supreme Court‘s recent ruling on presidential immunity, which grants immunity for some official acts by sitting presidents, means that his convictions should be thrown out.
On Friday, a notice of removal for what Trump’s team called the “zombie” New York case was filed in U.S. District Court for the Southern District of New York. It was kicked back hours later, with the court’s clerk writing that it had been filed under the “wrong event type” and did not include an “order granting permission to file the pleading” or an order granting of “leave” by the state court.
It is not clear whether the removal notice will ultimately succeed. Outstanding issues with the filing could be rectified as soon as Tuesday when the court is likely to resume following the Labor Day holiday weekend.
However, U.S. District Judge Alvin Hellerstein, with whom Friday’s pleading was filed, previously rejected a Trump request to move the case to federal court prior to the state trial presided over by New York State Supreme Court Justice Juan Merchan.
Pending any successful efforts to remove the case or a delay in sentencing, Merchan is expected to preside over Trump’s sentencing hearing on September 18.
Trump lawyer Todd Blanche declined Newsweek’s request for comment on Friday evening.
This is a developing story and will be updated when more information becomes available.
Former President Donald Trump is seen during a campaign event in Glendale, Arizona, on August 23. A request from Trump’s legal team to remove the former president’s New York felony case to federal court was rejected on Friday over technical issues.
Rebecca Noble
