Lawyers for Donald Trump have asked the federal court in Manhattan to take over a state criminal case charging him with falsifying business records over a hush money payment to a porn star before the 2016 election.
His lawyers argued that the federal court had jurisdiction because the charges had to do with conduct that took place while he was president.
Mr Trump pleaded not guilty in Manhattan state court last month to 34 counts of falsifying business records to conceal reimbursements to his then-lawyer Michael Cohen for a $US130,000 ($194,000) hush money payment to porn star Stormy Daniels to stay quiet about an alleged sexual liaison, which Mr Trump denies.
In a federal court filing on Thursday afternoon, Mr Trump’s lawyers said Manhattan District Attorney Alvin Bragg’s case was based on checks allegedly written to Cohen by Trump in 2017, while Trump was president.
“This case is unprecedented in our nation’s history,” his lawyers wrote.
“Never before has a local elected prosecutor criminally prosecuted a defendant either for conduct that occurred entirely while the defendant was the sitting President of the United States or for conduct that related to federal campaign contribution laws.”
In a hearing in the state case earlier on Thursday, Justice Juan Merchan in Manhattan ruled Mr Trump will not be able to publicly discuss evidence obtained by prosecutors and turned over to Mr Trump to prepare for trial.
Prosecutors are obligated to turn over such evidence to the defence.
They said the order was needed to reduce the risk of harassment against witnesses and others in the case, given Mr Trump’s history of attacks via social media.
Defence lawyers argued the proposed order is too restrictive and that Trump has a right to comment on the evidence, both to defend himself and as a presidential candidate.
They said prosecutors and witnesses have attacked Mr Trump as well.
Justice Merchan said Mr Trump would be free to speak about most evidence, just not that garnered by the prosecution and turned over to him for his defence in the case.
“I am not going to do anything … to infringe on his First Amendment rights,” the judge said in advance of issuing an order.
He said the restrictions he would impose do not apply to the vast majority of evidence, which comes from the defence.
“I am bending over backwards,” the judge said, to see Trump is “given every opportunity … to advance his candidacy”.
But, Justice Merchan said, “his words, especially when used in the form of rhetoric, can have consequences”.
Justice Merchan also asked Mr Trump’s lawyers and prosecutors to see if they can agree on a trial date in February or March 2024, which would be in the thick of his campaign for the presidency.
Mr Trump’s appearance was waived, so he was not in court.
He was in Doonbeg, Ireland, playing golf on Thursday.
Mr Trump faces a plethora of other legal cases, including a civil case trial centred on accusations of rape and defamation that continued in a federal courtroom on Thursday.
– AAP
