Donald Trump seeks to move NY criminal case to federal court

Legal Events

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 OK’s Arizona rancher trial in Mexican migrant killing

    Judge OK’s Arizona rancher trial in Mexican migrant killing

    Legal Events 02/26/2023

    An Arizona rancher accused of shooting at a group of migrants on his property near the U.S.-Mexico border, killing one man, will face trial on charges including second-degree murder and aggravated assault, a judge ruled Friday.Santa Cruz County Justi...

  • Judge denies 19-year-old’s ask to attend father’s execution

    Judge denies 19-year-old’s ask to attend father’s execution

    Legal Events 11/26/2022

    A federal judge has denied a request from a 19-year-old woman to allow her to watch her father’s death by injection, upholding a Missouri law that bars anyone under 21 from witnessing an execution.Kevin Johnson is set to be executed Tuesday for...

  • NC legislative races: Sharp divisions over abortion, economy

    NC legislative races: Sharp divisions over abortion, economy

    Legal Events 10/15/2022

    With abortion restrictions, looser gun rules and deeper tax reductions likely in the balance, North Carolina Republican lawmakers and Democratic Gov. Roy GOP lawmakers appeal Ohio map flap to US Supreme CourtRepublican state lawmakers involved in Ohi...

New York Adoption, Foster Care Litigation and Family Law

Rosin Steinhagen Mendel is a law firm dedicated to serving our clients in New York City, the surrounding counties in southern New York State, and in New Jersey, in the areas of adoption, foster care litigation, and family law.

We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption. Our goal is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through preparation and attention to detail. For over 35 years, our attorneys have represented adoptive parents, birth parents, foster parents, children, foster care agencies, and adoption agencies. We represent our clients in all types of proceedings that include termination of parental rights, permanency hearings, custody hearings, guardianship, administrative proceedings, and adoption.

Our goal for our lawyers is to provide each of our clients with the best possible representation in all aspects of their cases, and clients appreciate our careful analysis of individual cases, through our preparation and attention to detail.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read