Former President Donald Trump's legal team has requested New York State Supreme Court Judge Juan Merchan to hold off on issuing decisions on substantive motions, including Trump's motion to set aside his criminal conviction, until a new request to move the case to federal court is resolved.
The request comes in light of a recent federal submission by Trump and the Manhattan District Attorney's Office, seeking to address potential prejudice and harm detailed in the filing. Trump's lawyers argue that a new indictment secured by Special Counsel Jack Smith in the election interference case supports Trump's argument for dismissal in the New York case.
This marks the first instance of Trump's legal team leveraging the new indictment in their ongoing appeals in the case. Merchan had previously indicated a ruling on Trump's motion to vacate the hush money conviction would be issued in the week of September 16, following the Supreme Court's ruling on presidential immunity.
Trump has also filed a petition in federal court to remove his state criminal case from its jurisdiction, citing the Supreme Court ruling on presidential immunity. The filing asserts that the state court cannot sentence Trump until the federal request for removal is litigated.
Earlier this month, Trump requested Merchan to delay the sentencing, a request that the DA's office did not oppose. The judge was expected to rule on the sentencing as soon as next week. In the latest letter, Trump's attorneys argue against sentencing him before Election Day, urging Merchan to indefinitely delay the sentencing currently scheduled for September 18.
