Ten months before Donald Trump is scheduled to stand trial in his historic New York City criminal case, Manhattan prosecutors are in a tug of war with the former president's legal team over precisely where he will be tried.
Trump's lawyers are angling to have the hush-money case moved to federal court while the Manhattan district attorney's office, in court papers Tuesday, says it should remain in the state court where it originated.
Such transfer requests are rarely granted, although Trump's request is unprecedented because he's the first former president ever charged with a crime. While the jurisdictional fight plays out, the case will proceed in state court and all pretrial deadlines will remain in effect. Colangelo countered that the charges against Trump pertained to efforts "to conceal criminal conduct that largely occurred before his inauguration." Those efforts included alleged violations of New York's laws regulating record-keeping at private businesses -- laws that have no federal equivalent, Colangelo said.
Trump's "alleged criminal conduct had no connection to his official duties and responsibilities" but instead "arose from his unofficial actions relating to his private businesses and pre-election conduct," Colangelo wrote in the Manhattan D.A.'s 40-page filing. The Manhattan district attorney's office, which conducts most of its business in state court, would still prosecute either way. Trump could gain an advantage, though, if the case were moved to federal court. There, the jury pool is broader and more politically diverse than in state court, which draws solely from heavily blue Manhattan.
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