Overview

• A panel of three judges on the 2nd U.S. Circuit Court of Appeals, all nominated by Democratic presidents, is weighing Trump’s request to shift his 34-count business records conviction from New York state to federal court.
• Trump’s attorneys contend the Supreme Court’s July 2024 decision granting presidents immunity for official acts invalidates trial evidence, including his tweets and testimony from White House staffers.
• Manhattan District Attorney Alvin Bragg’s office argues the case concluded with final judgment and cannot be removed under federal officer removal statutes.
• The Justice Department filed an amicus brief backing Trump’s position, and he is represented by Sullivan & Cromwell’s Jeffrey Wall alongside former Supreme Court clerks.
• If the appeals court denies removal, Trump is positioned to seek Supreme Court review; if the case moves to federal court, he could pursue dismissal or new proceedings under federal procedures.