On Tuesday, lawyers for former President Donald Trump again asked to transfer his New York criminal case to a federal court, citing the Supreme Court's ruling on presidential immunity and arguing that he cannot be prosecuted for official acts he performed as president.
Trump's lawyers first asked in August to take New York v. Trump to federal court, but U.S. District Judge Alvin Hellerstein denied the request in September.
Trump's attorneys argue that Manhattan District Attorney Alvin Bragg's office “violated the presidential immunity doctrine in grand jury proceedings and again at trial by relying on evidence of President Trump's official actions during his first term.”
Trump's lawyers argued that “the use of evidence from official records in grand jury and Constitutional hearing proceedings violates and threatens the ability of all future presidents to serve in that role.”
TRUMP ASKS FEDERAL COURT TO TAKE WEEKS OF BRAGG CASE BEFORE JUDGMENT
Former President Donald Trump (left) and Manhattan District Attorney Alvin Bragg. (Emily Elconin/Michael M. Santiago/Getty Images)
Bragg charged Trump with 34 counts of first-degree falsifying business records. Trump pleaded not guilty.
A Manhattan jury found the former president guilty on all counts during an unprecedented six-week trial in New York earlier this year.
Trump's lawyers have already filed an appeal against the verdict.
Trump's attorney, Todd Blanche, said the ruling should be overturned, also citing the Supreme Court's ruling on presidential immunity that grants presidents limited immunity from official acts.
JUDGE MERCHAN DELAYS TRUMP'S SENTENCE UNTIL AFTER THE ELECTION
In his arguments for release, Blanche argued that Bragg had presented official records as evidence during the unprecedented six-week criminal trial. Blanche said this included official White House communications with staffers such as Hope Hicks, Madeleine Westerhout and others.
The The Supreme Court ruled in Trump v. United States that a former president is entitled to substantial immunity from prosecution for official acts while in office, but not for unofficial acts. The Supreme Court said Trump was immune from criminal prosecution for “official acts,” but left it to a lower court to determine exactly where the line between official and unofficial is drawn.
An image of Judge Juan Merchan superimposed on the courtroom. (AP)
Judge Juan Merchan will also decide on November 12 on Trump's request to leave office.
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
Trump's preliminary sentencing was set for July 11 – days before the Republican National Convention, where he was to be formally nominated as the GOP's 2024 presidential candidate, but Merchan agreed to postpone it until September 18.
Last month, Merchan granted Trump's request to delay sentencing until after the presidential election. Sentencing is scheduled for November 26.
Fox News' Maria Paronich contributed to this report.
