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Trump Filed Notice to Remove Bragg Case to SDNY Now Filing May 30 & Hearing June 27

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, May 9 – 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.

  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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