The legal team of former President Donald Trump has reportedly requested that a federal court assume responsibility for his criminal case in New York in advance of his potential sentencing next month for his conviction on falsifying business records.
On Thursday, Trump’s legal team submitted a petition in the Southern District of New York to remove the case from Judge Juan Merchan.
Trump is seeking dismissal on the basis of presidential immunity.
In May, the former president was found guilty of 34 counts of falsifying business records, which were prosecuted by Democrat Manhattan District Attorney Alvin Bragg.
The filing requests that the court remove the case from the state level and confirm that Trump cannot be sentenced by Merchan while the litigation over the removal petition is ongoing.
The current date for the sentencing is September 18.
Additionally, the legal team of Trump contended that the limitations imposed by Merchan on his ability to discuss the case constitute a violation of his First Amendment rights.
Trump had previously attempted to dismiss the case on the basis of the Supreme Court’s July ruling that granted presidents extensive immunity from prosecution.
Merchan has stated that he will make a decision regarding the motion to dismiss on September 16, which is two days prior to the scheduled sentencing.
Trump may be sentenced to four years in prison and a $5,000 fine for each of the 34 convictions at the time of his sentencing.
[READ MORE: Musk Denounces Brazilian Judge as ‘Evil Dictator’]
