President Donald Trump’s attorneys argued on Wednesday that the appeal over his felony conviction in New York should be moved to federal court because the case related to official acts as president, while the state said it was too late to make the change.
Trump was convicted in May of lying about a hush-money payment to adult-film star Stormy Daniels, and he appealed.
Then, in July, the United States Supreme Court granted the president immunity for official actions. For Trump’s legal team, the purpose of moving to federal court is to get the conviction reversed on immunity grounds.
Both sides presented their arguments during a one-hour hearing before a three-judge panel of the 2nd US Circuit Court of Appeals.
Jeffrey Wall, Trump’s attorney, argued that the president’s appeal should be heard in federal court because the Manhattan District Attorney’s Office chose to include evidence relating to Trump’s official acts as president, such as testimony from former White House Communications Director Hope Hicks.
“Everything about this cries out for federal court,” Mr Wall told the panel of three judges.
Meanwhile, the Manhattan District Attorney’s Office contended that Trump’s defence team waited too long after his sentencing to request that the case be transferred.
“After sentencing, removal is no longer available,” stated Steven Wu of the Manhattan District Attorney’s Office. “Even if it were technically available, there are compelling reasons not to permit it.”
Mr Wu also differed with Trump’s counsel on whether any of the evidence produced in the hush-money trial connected to his official actions. He used the example of a postal worker who robbed someone while not at work but then opted to confess his misdeeds at the post office.
He stated that the confession in the office was unrelated to the postal worker’s professional duties.
Mr Wu contended that Trump’s wrongdoing “was completed before the White House evidence”.
During the hearing, the three judges questioned both sides, emphasising that the case was “extraordinary” and “highly unusual”.
One judge told Mr Wall that moving an appeal to federal court would be “quite anomalous”.
However, another argued that the Supreme Court’s immunity finding used “broad” wording to identify which information pertained to “official acts” as president.
The panel is likely to provide a written opinion at a later date.
Last September, Trump’s attorneys argued that his New York case should be moved to federal court, but US District Judge Alvin Hellerstein refused the motion. The 2nd US Circuit Court of Appeals is currently hearing an appeal of the decision.
Trump was sentenced in the hush money case eleven days before taking office in January. He obtained an unconditional discharge, which means he did not face fines, probation, or jail time, but the conviction will remain on his record.
Trump was indicted in multiple felony state and federal cases prior to his most recent run for government, but only the New York case went to trial before he was elected president.
Todd Blanche and Emil Bove, Trump’s defence lawyers in the New York case, have been appointed to jobs within the Justice Department.
