Trump
After NY Court
By Video Again
Objects to
Restrictions
on Campaign,
Trial March
2024
by
Matthew Russell Lee, Patreon Book
Substack
FOLEY SQUARE, May
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.
On May 23,
the state case had another
proceeding before Judge Juan
Merchan, this time with Trump
appearing by video from
Mar-a-Lago in Florida with his
lawyer Todd Blanche beside
him. Inner City Press was in
the NYC courtroom and live
tweeted, thread here
and below.
Afterward, Trump
posted
on Truth Social: "Just had New
York County Supreme Court
hearing where I believe my
First Amendment Rights,
'Freedom of Speech,' have been
violated, and they forced upon
us a trial date of March 25th,
right in the middle of Primary
season. Very unfair, but this
is exactly what the Radical
Left Democrats wanted," he
continued. "It's called
ELECTION INTERFERENCE, and
nothing like this has ever
happened in our Country
before!!!"
This as DeSantis
is scheduled to announce his
campaign on May 24 at 6 pm on
Twitter...
More on Substack
here
The 2:15 pm
thread: OK - now at NYS v.
Trump proceeding, Trump is
already on video screen here
in Judge Merchan's courtroom
Trump on screen
is tapping his fingertips
together; two American flags
behind him. NYC Courts
officers patrolling the aisles
of the courtroom. Judge
Merchan due in three minutes.
Two. One... All rise! [Trump
on screen in Florida does not
stand - it was not requested,
protocol unclear]
"For President
Trump, Susan Necheles. My
colleague Todd Blanche is with
President Trump in Florida."
Judge Merchan: We are
here for a protective order
Judge Merchan:
Mr. Trump, do you have a copy
of the protective order?
Trump: Yes, I do. Judge
Merchan: Mr. Blanche, have you
reviewed the order with your
client? Blanche: Yes. Judge
Merchan: Anything not
understood? Blanche: Our
objections remain
Blanche: He
believes his First Amendment
rights are being violated. He
is running for President and
is the leading contender. That
is the only... the protective
order is in place. Judge
Merchan: I do no mean to
impede Mr. Trump's ability to
campaign
Judge
Merchan: I don't think there's
any need to be line by line
through the protective order,
based on your representation.
Blanche: I agree.
Judge Merchan:
Did you explain to your client
this order is a mandate of the
court? Blanche: He understands
Judge Merchan: Violation of
the order could result in a
finding of contempt. Anything
further? No. No.
Judge Merchan: I
want to turn to the issue
whether Mr. Tacopina is
conflicted out of the case. I
am reviewing it. Now, the
motion and trial schedule...
Judge Merchan:
This case is set down for
trial on March 25, 2024 -
we'll commence jury selection
then. Parties including Mr.
Trump are directed to not
enter any commitments from
then until the trial is
completed. There can be no
substitution of counsel
Judge Merchant:
Motions off-calendar on August
8, with decisions before the
trial. I expect no delays. Any
questions? Necheles: When we
agreed to August 8, we thought
we would have discovery by
now. So we'd like an
adjournment until the end of
September
Judge
Merchan: People? Prosecutor:
We are serving the defense
with notice and a hard drive
of the first discovery
materials... The original
motion schedule was set for
discovery to be given by June
8, the statutory deadline. We
anticipate meeting that
Necheles: I don't
see the harm to the People. We
haven't even started looking
at discovery. After we
finalized the protective
order, we asked for the
discovery - but the People
declined. Now we are 7 weeks
out. Judge Merchan: It would
eat into the cushion.
Judge
Merchan: I will extend it
until August 29. People, will
you be requesting three extra
weeks? Prosecutor: We'll take
six weeks, to October 10.
Judge Merchan: I don't have a
2024 calendar...
Judge
Merchan: Next, January 4
at 9:30 for a decision.
Anything else? Nothing.
Judge Merchan: I'll see you on
the adjourn day, October 10.
Adjourned.
The removal
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.
Now on May
8, Bragg's office has 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:
"ORDER REGULATING PROCEEDINGS
granting [6] Motion for
Conference re: [6] CONSENT
MOTION for Conference re: [1]
Notice of Removal, . I have
studied the notice of removal
and attendant papers as
required by 28 U.S.C. § 1455
(b)(4). In order that an
evidentiary hearing may
promptly be held, 28 U.S.C. §
1455 (b)(5), the following
schedule shall be observed:
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, 500 Pearl
Street, New York, NY 10007,
Courtroom 26A. In the
meantime, proceedings may
continue in the Supreme Court
of the State of New York, New
York County. See 28 U.S.C. §
1455 (b)(3). SO ORDERED.
(Signed by Judge Alvin K.
Hellerstein on 5/9/23)."
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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