Attorneys for former US President Donald Trump on Thursday asked a federal court to take over the Manhattan district attorney's criminal case against him, saying the matter involves "important federal questions" that require the court's intervention, CBS News reported.
In a nine-page filing in the US District Court for the Southern District of New York, Trump's legal team said the "unprecedented" case is better suited for federal court.
"[T]he case involves important federal questions since the indictment charges President Trump for conduct committed while he was President of the United States that was within the 'color of his office,' and the charges involve alleged federal and state election law violations that have a federal preemption defense," the filing argued.
One of Trump's attorney, Todd Blanche, told New York Judge Juan Merchan in a hearing earlier in the day that the defense would seek to have the case moved to federal court.
Trump last month pleaded not guilty in New York to 34 felony counts of falsifying business records. The charges are related to hush money payments to adult film actress Stormy Daniels.
Speaking to reporters after the arraignment, Manhattan District Attorney Alvin Bragg claimed that Trump "repeatedly made false statements" on New York business records and made others do the same.
"These are felony crimes in New York state, no matter who you are," Bragg said. "We cannot and will not normalize serious criminal conduct."
Trump has adamantly denied the allegations. Under New York state law, falsification of business records can be charged as a felony if the offense was meant to cover up or aid another crime. Prosecutors allege Trump's falsification of business records was connected to violations of state and federal election laws.
In their filing on Thursday, Trump's attorneys called that assertion "a novel theory", according to CBS News.
"There has never been a prosecution under New York State law based on an alleged violation of election law pertaining to a federal election," they wrote. "And there are serious federal preemption issues with such a prosecution."
Trump's lawyers pointed to a federal law that calls for state criminal cases against an "officer" of the federal government to be removed to federal court if the defendant was acting "in an official or individual capacity for or relating to any act under color of such office."