by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, June 15 – Donald Trump filed a notice of removal to Federal court of Manhattan DA Alvin Bragg's indictment of him in state court, on May 4, 2023.
The notice was assigned to U.S. District Court for the Southern District of New York Judge Ronnie Abrams, but was quickly reassigned to Judge Alvin Hellerstein, as Inner City Press reported.
Now on May 8, Bragg's office has filed an "unopposed motion" for a conference, emphasizing that "Defendant's Notice of Removal does not operate to stay the court action (up to the point of entering a judgement of conviction," citing 28 USC Section 1455(b)(3).
Bragg urged a speedy conference to "minimize disruption to New York's "traditional state authority" to punish 'local criminal activity,'" citing Bond v. US, 572 US 844, 858-9 (2014).
On May 9, Judge Hellerstein set a schedule: "Any motion for remand, and supporting papers, shall be filed by May 30, 2023; Opposition papers shall be filed by June 15, 2023; Reply papers shall be filed by June 23, 2023. An evidentiary hearing, to the extent that there are disputed issues of fact, and argument as to the law, shall be held June 27, 2023, 2:30 pm."
On May 30, Bragg's office filed, including "Because none of the requirements for federal-officer removal are satisfied in this case, the Court should reject defendant Donald J. Trump’s effort to remove this prosecution from state court. On April 4, 2023, defendant was arraigned in Supreme Court, New York County on thirtyfour counts of Falsifying Business Records in the First Degree, N.Y. Penal Law § 175.10. These charges arose from defendant’s falsification of the business records of various New York-based private enterprises in 2017 to conceal an illegal scheme that was largely perpetrated before defendant became President. On May 4, 2023, defendant filed a Notice of Removal pursuant to 28 U.S.C. § 1442, seeking to remove this prosecution on federal-officer grounds. But defendant has failed to satisfy the legal prerequisites to invoke “so exceptional a procedure,” Maryland v. Soper (No. 1), 270 U.S. 9, 35 (1926), that would require that the state criminal charges against him be litigated in a federal forum. This Court should accordingly remand this matter to state court. Federal-officer removal is available only when (1) a federal officer (2) faces criminal charges for conduct arising under color of his office and (3) identifies a colorable federal defense. New York v. Tanella, 239 F. Supp. 2d 291, 294 (E.D.N.Y. 2003), aff’d, 374 F.3d 141 (2d Cir. 2004). A defendant’s inability to satisfy even one of these prerequisites requires remand. Here, defendant fails to establish all three." Full memo on Patreon here.
On June 15, near midnight, Trump's lawyers filed their papers including Michael Cohen's emails praising Trump and becoming his personal lawyer. On Patreon here.
Inner City Press will be reporting on the case, as it has on the Carroll v. Trump trial in SDNY.
This case is People of the State of New York v. Trump, 23-cv-3773 (Hellerstein).
More on Bragg's other recent SDNY case including analysis on Substack here
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