Former President Donald Trump’s lawyers are again asking a federal court to intervene in his New York criminal case ahead of sentencing next month, arguing that the prosecution is unconstitutional and runs afoul of the U.S. Supreme Court’s recent presidential immunity ruling.

In a filing with the U.S. District Court for the Southern District of New York on Aug. 29, lawyers for the Republican Party’s 2024 presidential candidate argued the case should be moved to federal court to afford him an “unbiased forum, free from local hostilities, where he can seek redress for these Constitutional violations.”
If the case is moved to federal court, Trump’s lawyers said they will seek to have the verdict overturned and the case dismissed on the grounds of immunity.

If it remains in state court, and Trump’s sentencing proceeds as scheduled in September, their client could very well end up being incarcerated before the elections, the lawyers said.

Trump’s lawyers further claimed that Justice Juan Merchan, who has overseen the state case, imposed a gag order on Trump that is unwarranted and violates the Constitution.

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