Manhattan prosecutors fight to keep Donald Trump's historic criminal case in state court

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Manhattan prosecutors fight to keep Donald Trump's historic criminal case in state court
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Ten months before Donald Trump is scheduled to stand trial in his historic New York City criminal case, Manhattan prosecutors are in a tug of war with the former president’s legal team over precisely where he will be tried

NEW YORK — — Ten months before Donald Trump is scheduled to stand trial in his historic New York City criminal case, Manhattan prosecutors are in a tug of war with the former president's legal team over precisely where he will be tried.

Such transfer requests are rarely granted, although Trump’s request is unprecedented because he’s the first former president ever charged with a crime. While the jurisdictional fight plays out, the case will proceed in state court and all pretrial deadlines will remain in effect. Trump’s lawyers argued that the case should be tried in federal court because as president he was a “federal officer.” Colangelo contended they haven't satisfied any of three grounds for moving the case under that standard and questioned whether it would even apply to Trump.

The Trump legal team's inability to connect Trump’s conduct to his official duties negates any potential defense he might invoke, such as official immunity as president, Colangelo wrote. Trump's criminal charges are related to payments that his company made to his former lawyer, Michael Cohen. Prosecutors say those payments, most of which took place in 2017, while Trump was president, were intended to reimburse and compensate Cohen for orchestrating hush money payments during the 2016 campaign to bury allegations of extramarital sexual encounters.

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