Date: November 6th, 2025 7:16 PM
Author: Splenetic dog poop stage
LOHIER, CARNEY, and PÉREZ, Circuit Judges.
In March 2023, a New York State grand jury indicted then-former
President Donald J. Trump on thirty-four counts of falsifying business records in
the first degree. The indictment alleged that Trump orchestrated an illegal
scheme to influence the 2016 presidential election by directing his personal
lawyer to pay $130,000 to an adult film star to prevent her from publicly
revealing a sexual encounter with Trump. Trump sought to remove the criminal
case against him to federal court, relying on the federal officer removal statute,
28 U.S.C. § 1442(a)(1). The District Court remanded the case after determining
that it did not fall within the scope of § 1442(a)(1). Following a state court jury
trial, Trump was convicted on all counts. After Trump’s conviction but prior to
sentencing, the United States Supreme Court issued its presidential immunity
decision in Trump v. United States, 603 U.S. 593 (2024). Trump thereafter sought
leave to file a second, untimely notice of removal pursuant to § 1442(a)(1) and 28
U.S.C. § 1455(b), which establishes the procedure for removal of criminal
prosecutions and requires that the defendant show “good cause” for an order
granting leave to file a late notice of removal. Trump argued principally that the
Supreme Court’s intervening decision in Trump v. United States rendered the
State’s prosecution one “relating to” his official acts as President such that the
case was now removable and established good cause for his untimely filing. The
District Court denied leave, concluding, among other things, that “good cause”
had not been shown for the delay in seeking removal a second time. We cannot
be confident that in doing so, the District Court adequately considered issues
relevant to the good cause inquiry so as to enable meaningful appellate review.
Those issues include but are not limited to the impact of Trump v. United States on
the removability of the underlying state prosecution. For example, the District
Court did not consider whether certain evidence admitted during the state court
trial relates to immunized official acts or, if so, whether evidentiary immunity
transformed the State’s case into one that relates to acts under color of the
Presidency. Nor did the District Court consider whether any notice of removal
of a criminal prosecution under § 1455(b)(1) must be filed before trial even if new
grounds for removal arise during or after trial. We therefore VACATE the
District Court’s order denying Trump’s motion for leave to file a second notice of
removal and REMAND for reconsideration of the motion consistent with this
opinion.
STEVEN C. WU (John T. Hughes, on the brief), for Alvin L.
Bragg, Jr., District Attorney for New York County, New
York, NY, for Plaintiff-Appellee.
JEFFREY B. WALL, Sullivan & Cromwell LLP,
Washington, DC (Morgan L. Ratner, Sullivan &
Cromwell LLP, Washington, DC, Robert J. Giuffra, Jr.,
Matthew A. Schwartz, James M. McDonald, Sullivan &
Cromwell LLP, New York, NY, on the brief), for
Defendant-Appellant.
(http://www.autoadmit.com/thread.php?thread_id=5790942&forum_id=2Reputation#49408561)