Donald Trump’s lawyers are back in court Wednesday, fighting to erase the 34 felony convictions tied to the presidents hush money trial. His lawyers are asking a federal appeals court to move the case out of New York state court and into federal court—a legal gamble that, if successful, could wipe the slate clean.
This hearing is happening just steps away from the courtroom where a jury found Trump guilty last year. It’s the most significant development in the case since he was convicted but spared jail time days before being sworn in again as president.
Trump’s legal team argues that parts of the trial relied on things he did as president. That, they say, means it should fall under federal court—and that he should be shielded by presidential immunity.
But there’s a big catch.
Trump already tried to move the case once and lost. Now he needs to prove there’s a good reason to try again. His lawyers say that reason is the Supreme Court’s recent ruling on presidential immunity, which came down after the trial ended.
“President Trump had good cause to pursue a post-trial removal for a simple reason: he could not have raised any of the arguments set forth herein until well after his trial began,” his attorneys wrote.
The Manhattan District Attorney’s Office isn’t buying it. Prosecutors say the Supreme Court ruling doesn’t apply and accuse Trump of dragging his feet by waiting two months to act. They say the case should stay put.
“Even if removal were still formally available here, there were ample grounds supporting the district court’s finding of lack of good cause to permit defendant to file a second, untimely notice of removal,” the DA’s office wrote.
The Biden Justice Department has taken Trump’s side. In March, it asked to weigh in with a friend-of-the-court brief shortly after Trump returned to the White House.
Wednesday’s hearing also marks a legal changing of the guard.
Trump’s original defense team—Todd Blanche and Emil Bove—have moved into senior roles at the Justice Department. His appellate lawyers, D. John Sauer and Will Scharf, are now working inside the administration too.
Trump’s new legal firepower comes from Sullivan & Cromwell, a top-tier law firm. Robert Giuffra, the firm’s co-chair and a longtime Trump ally, is leading the charge. At the podium will be Jeffrey Wall, Trump’s former acting solicitor general, now heading Sullivan & Cromwell’s Supreme Court team.
Facing him is Steven Wu, the Manhattan DA’s top appeals lawyer.
The showdown will take place in front of a three-judge panel at the 2nd U.S. Circuit Court of Appeals. All three judges were appointed by Democratic presidents: Raymond Lohier and Susan Carney by Obama, and Myrna Pérez by Biden.
No cameras will be allowed in court, but the hearing will be livestreamed starting at 10 a.m. Eastern.
Whoever loses this round is expected to take the fight to the Supreme Court.
