Trump’s attorneys argue his New York hush money appeal should be moved into federal court

Attorneys for President Donald Trump, appealing Trump’s New York hush money conviction, argued in a court filing Tuesday that their appeal should be moved into federal court because prosecutors relied on evidence related to his official acts as president.

Trump was convicted last year on 34 felony counts of falsifying business records in New York State Supreme Court, but he is trying to move his appeal into federal court.

On Tuesday, Trump’s attorneys argued in a filing to the U.S. Court of Appeals for the 2nd Circuit that prosecutors in the Manhattan’s district attorney’s office invited removal by introducing evidence about Trump’s official acts.

“Significant categories of DANY’s trial evidence — including testimony about President Trump’s Oval Office communications with the Attorney General and the White House Communications Director about matters of public concern — clearly fell on the official-act side of the line,” Trump’s appellate attorneys wrote, using an acronym for the Manhattan district attorney’s office.

The filing cited portions of testimony from former Trump attorney Michael Cohen and testimony by former White House Communications Director Hope Hicks about her Oval Office discussions with Trump during his first term in office.

Prosecutors said both witnesses were discussing what was essentially a private scheme that occurred before Trump took office.

Prosecutors have also argued Trump waited too long to file for post-trial removal, but his attorneys called that “absurd” because “his campaign was upended by multiple shocking events, including a near-miss assassination attempt and President Biden’s exit from the race.”

Trump was found guilty last May on 34 felony counts of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election. Following Trump’s reelection, New York Judge Juan Merchan sentenced him to an unconditional discharge — without prison, fines or probation — in order to protect “the office of the president.”

Trump had twice tried to move the Manhattan DA’s case into federal court, but a district court judge denied it, deciding the conduct at issue had nothing to do with the job of president.