| 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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