| Trump
Filed Notice
to Remove
Bragg Case to
SDNY Now Bragg
Says No
Colorable
Defenses
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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