Former President Donald Trump's latest attempt to postpone his sentencing in the New York hush money case has been thwarted due to a procedural misstep.
According to Newsweek, Trump's legal team made an error in filing their request to move the case to federal court, resulting in its rejection by U.S. District Judge Alvin Hellerstein.
The filing, submitted on August 29, was seen as a last-ditch effort to delay Trump's sentencing, currently scheduled for September 18. However, the court clerk noted that the request was filed under the "wrong event type" and lacked necessary permissions, effectively halting this latest legal maneuver.
Former federal prosecutor Joyce Vance shed light on the situation in her Civil Discourse blog. She described the filing error as "embarrassing," noting that Trump's lawyer, Todd Blanche, failed to follow the correct protocols when submitting their legal argument.
The court clerk's rejection pointed out specific issues with the filing. It was not only filed under an incorrect category but also lacked an "order granting permission to file the pleading" or an order granting "leave" by the state court. These procedural requirements are crucial for such motions, especially when filed at a late stage in the legal proceedings.
Vance suggested that this misstep reflects Trump's consistent strategy of seeking delays in legal matters. She speculated that the former president appears "desperate" to prevent Judge Juan Merchan from proceeding with the scheduled sentencing on September 18.
This is not the first time Trump has attempted to move this case to federal court. In July 2023, Judge Hellerstein rejected a similar request, stating that the allegations in the case were "purely a personal item of the president—a cover-up of an embarrassing event."
The case in question stems from Trump's conviction on 34 felony counts of falsifying business records. These charges relate to allegations that he instructed his lawyer, Michael Cohen, to pay adult film star Stormy Daniels $130,000 to keep an alleged affair secret before the 2016 presidential election.
Trump's legal team has consistently argued that the case should be moved to federal court because it involves actions taken while he was president. However, the courts have not found this argument favorable thus far.
Despite this setback, Trump's legal team still has options. They could attempt to refile the motion correctly, addressing the procedural issues noted by the court clerk. However, given the late stage of the proceedings, they would likely need to obtain special permission to file at this point.
The timing of this latest attempt is significant, coming just weeks before the scheduled sentencing. It underscores the urgency of Trump's legal team to find ways to delay or alter the course of the proceedings.
Judge Merchan is also set to rule on whether the Supreme Court's decision granting Trump some presidential immunity for official acts committed in office affects this case. This pending decision adds another layer of complexity to the legal landscape surrounding Trump's various court battles.
In conclusion, Donald Trump's attempt to delay his sentencing in the New York hush money case has been rebuffed due to a filing error by his legal team. The rejection by the federal court highlights the procedural challenges faced in high-profile cases. As the September 18 sentencing date approaches, Trump's lawyers may seek other avenues to postpone or alter the proceedings while the court prepares to address remaining legal questions, including the potential impact of presidential immunity on the case.
