| Trump
Filed Notice
to Remove
Bragg Case to
SDNY Now NY
Opposition So
Hearing June
27
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
May 30 – 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:
"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."
On May 30,
Bragg's office filed,
including "Because none of the
requirements for
federal-officer removal are
satisfied in this case, the
Court should reject defendant
Donald J. Trump’s effort to
remove this prosecution from
state court. On April 4, 2023,
defendant was arraigned in
Supreme Court, New York County
on thirtyfour counts of
Falsifying Business Records in
the First Degree, N.Y. Penal
Law § 175.10. These charges
arose from defendant’s
falsification of the business
records of various New
York-based private enterprises
in 2017 to conceal an illegal
scheme that was largely
perpetrated before defendant
became President. On May 4,
2023, defendant filed a Notice
of Removal pursuant to 28
U.S.C. § 1442, seeking to
remove this prosecution on
federal-officer grounds. But
defendant has failed to
satisfy the legal
prerequisites to invoke “so
exceptional a procedure,”
Maryland v. Soper (No. 1), 270
U.S. 9, 35 (1926), that would
require that the state
criminal charges against him
be litigated in a federal
forum. This Court should
accordingly remand this matter
to state court.
Federal-officer removal is
available only when (1) a
federal officer (2) faces
criminal charges for conduct
arising under color of his
office and (3) identifies a
colorable federal defense. New
York v. Tanella, 239 F. Supp.
2d 291, 294 (E.D.N.Y. 2003),
aff’d, 374 F.3d 141 (2d Cir.
2004). A defendant’s inability
to satisfy even one of these
prerequisites requires remand.
Here, defendant fails to
establish all three." Full
memo on Patreon here.
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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