A U.S. judge is set to hear arguments Tuesday over President Donald Trump’s attempt to move his criminal case in New York out of the state court, where he was indicted, to a federal court where he could potentially try to get the case dismissed.
While requests to move criminal cases from state to federal court are rarely granted, the prosecution of Trump is unprecedented.
Trump is alleged to have falsified records to cover up payments made in 2017 to his former personal lawyer, Michael Cohen, to compensate him for orchestrating payouts in 2016 to porn star . Trump has denied having had affairs with either woman. The Manhattan district attorney’s office, which brought the case, has argued that nothing about the payoffs to either Cohen or the women involved Trump’s official duties as president.
If a judge agrees to move the case to federal court, Trump’s lawyers could then try to get the case dismissed on the grounds that federal officials are immune from criminal prosecution over actions they take as part of their official job duties.
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