The latest request by former President Trump's legal team to have a hush-money lawsuit taken over in federal court was denied Friday, according to a notice in the docket.
In its notice, the court claimed the complaint was “deficient,” according to the lawsuit. The memo to attorney Emil Bove said it was being sent back to the lawyers because it was not accompanied by written authorization from the court or the prosecution.
“The filing is incomplete for the following reasons: The PDF attached to the record of complaint is incorrect. The incorrect event type was used to file the complaint. Court permission has not been granted. An order granting permission to file the complaint is not attached.” The notice reads:.
The former president's lawyers yesterday asked the federal district court in Manhattan to take over the case, which is set to be decided next month, arguing that state prosecutors are violating Trump's constitutional rights and ignoring a recent Supreme Court ruling on presidential immunity.
Trump became the first sitting or former president to be convicted in a criminal trial in May after a New York jury found him guilty on all 34 counts of falsifying business records to hide an alleged affair with a porn star during the 2016 campaign.
“Contrary to the wishes of radical liberals, President Trump's strong petition to move the Manhattan District Attorney's witch hunt to federal court has not been ruled on by a judge,” Trump campaign communications director Steven Chung said in an emailed statement to The Hill on Friday.
“As is standard procedure, the Clerk's Office today asked President Trump's legal team to file it in a specific format, and we are working with them to ensure it is properly filed in our electronic system,” he added.
Attorney Todd Blanche pointed The Hill to a statement from the Trump campaign.
The defense team is also seeking a postponement of the verdict, currently scheduled for September 18, following the Supreme Court's decision on immunity from criminal prosecution. The Supreme Court ruled in early July that the core powers of the presidency are immune from criminal prosecution, in what was seen as a victory for the former president.
President Trump has asked Judge Juan Marchan, who is presiding over the hush money case, to vacate the convictions in light of the court's ruling. Marchan did not seek immunity from the 34 charges themselves, but argued that the convictions should be set aside because certain evidence was protected “official conduct” that should never have been shown to a jury.
The Hill has also reached out to Bove for comment.
