The legal team for former President Donald Trump requested that a federal court take control of his New York criminal case ahead of potential sentencing next month for his conviction on falsifying business records.  

Trump’s legal team filed a motion in the Southern District of New York on Thursday to remove the case from Judge Juan Merchan as Trump seeks dismissal on presidential immunity grounds. The former president was convicted in May of 34 counts of falsifying business records brought by Democrat Manhattan District Attorney Alvin Bragg. 

“The ongoing proceedings will continue to cause direct and irreparable harm to President Trump—the leading candidate in the 2024 Presidential election — and voters located far beyond Manhattan,” the filing said. “Post-trial removal is necessary under these circumstances to afford President Trump an unbiased forum, free from local hostilities, where he can seek redress for these Constitutional violations.”

The filing asks for the court to remove the case from the state level and confirm that Trump cannot be sentenced by Merchan while litigation over the removal motion proceeds. Sentencing is currently scheduled for September 18. 

Trump’s legal team also argued that the restrictions Merchan has placed on him regarding speaking about the case violate his First Amendment rights. 

“The continued operation of this unlawful prior restraint is causing irreparable First Amendment harm to President Trump and the American people, and it operates as a wholly inappropriate muzzle on the leading candidate in the 2024 Presidential election while he is on the campaign trail and during any debate against Vice President Harris.”

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Trump previously moved to dismiss the case based on the Supreme Court’s July ruling that presidents have broad immunity from prosecution. Merchan has indicated he will rule on the motion to dismiss on September 16, two days before the sentencing is scheduled.

Upon sentencing, Trump could face four years in prison and a $5,000 fine for each of the 34 convictions. The filing highlighted Merchan’s ties to the Democratic party, including donations made to Joe Biden’s campaign and his daughter’s previous work for Kamala Harris’s 2020 presidential campaign. 

The House Judiciary Committee subpoenaed Authentic Campaigns this week, the leftist organization that employs Merchan’s daughter.