In court papers, Trump's lawyers said the criminal case “involves important federal questions,” including alleged violations of federal election law. Federal officers, including former presidents, have the right to be tried in federal court for charges arising from “conduct performed while in office," the lawyers argued.
Such requests are rarely granted in criminal cases, although Trump's request is unprecedented because he’s the first former president ever“This effort is extremely unlikely to succeed,” said Rebecca Roiphe, a professor at New York Law School. “It’s not even clear that this would be a particularly effective delay tactic.”
The Manhattan district attorney's office would still prosecute him and state law would still apply, but with the oversight of a federal judge, said University of Iowa law professor Derek Muller.Trump’s attorney, Todd Blanche, first raised the prospect of moving the case to federal court during a state court hearing Thursday where a judge indicated he'd put limits on Trump's access to certain evidence, as prosecutors requested.
Trump’s lawyers faced a Thursday deadline to file paperwork seeking to move the case — 30 days after the April 4 state court arraignment where he pleaded not guilty toA federal judge will now weigh whether to grant the request. While that plays out, the case will proceed in state court and all pretrial deadlines will remain in effect.
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