by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, June 23 – 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.
On May 8, Bragg's office 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."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.
On June 22, Bragg's office filed a joint letter that " the parties have stipulated that they will not present live witness testimony at the June 27 hearing. To the extent the Court deems it necessary to hear from factual witnesses after the arguments of the parties on June 27, 2023, the defense respectfully requests that the Court schedule such a hearing at a convenient date after June 27, 2023. Third, to the extent a defendant has the right to be physically present at a 28 U.S.C. § 1455(b)(5) hearing under Rule 43 of the Federal Rules of Criminal Procedure, the Sixth Amendment Confrontation Clause, the Fifth Amendment Due Process Clause, or other authority, defense counsel requests that the Court waive the defendant’s presence at the June 27 hearing. Todd Blanche has represented, and will do so on the record on June 27, that he has discussed with the defendant any rights he may have to be present at the Section 1455(b)(5) hearing and the defendant has voluntarily waived such rights." Full letter on Patreon here
On June 23, Bragg's office filed its opposition to removal, arguing that Trump "has not raised a colorable defense of Supremacy Clause immunity" nor "of federal preemption."
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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