Behold The Terror Of The Courtroom!

NEW: After their first attempt was rejected Friday night, Trump’s team has filed a motion for leave to file their second removal petition. That means they are acknowledging they need the court’s permission to even seek removal again, given that the trial has already taken place. pic.twitter.com/LiACD5tvSH

— Lisa Rubin (@lawofruby) September 3, 2024

Yeah, they fucked up on Friday.

UPDATE: Some have suggested that based on the wording, the judge himself had nothing to do with tonight’s docket entry and that it might have been a clerical error. Stay tuned. https://t.co/EBlHZSbBwm

— Lisa Rubin (@lawofruby) August 30, 2024

And a lame attempt at CYA from, as I noted then, the campaign:

Cont.: “In a standard procedural move, today, the clerk’s office asked President Trump’s legal team to file in a specific format and we are working with them to make sure it is properly filed on the electronic system.”

— Lisa Rubin (@lawofruby) August 31, 2024

The Judge didn't need to see this; the clerk wouldn't even let it in the door. And the DA tells Merchan: "Fuggedaboutit!"

In a letter to Judge Merchan, prosecutors say federal law makes "clear" that he need not delay decisions in Trump's hush-money case until a federal court resolves his removal notice, noting Trump's timing concerns result from "his own strategic and dilatory litigation tactics" pic.twitter.com/OWp8biiJcL

— Molly Crane-Newman (@molcranenewman) September 3, 2024

All Trump has done is ask leave to file a motion for removal. Merchan would be right to ignore this, as there's nothing in play, and the law cited in that letter is respectful of the sovereignty of state courts. (Federal jurisdiction is set by Congress, not by the Constitution.) 

Trump gets far more help from the Supremes than he deserves. Outside of that Court, his legal arguments impress no one. (And if the Supremes eventually decide there is a federal issue here that trumps the sovereignty of New York, shit will really hit the fan.)

I am reminded there's also some history here:

Former Ethics Czar Norm Eisen wrote on Friday, "Trump has requested that his N.Y. case be moved to fed court in yet ANOTHER desperate attempt to delay and avoid accountability. This request should be rejected and Trump should be sentenced without delay."

"The statute allows federal officials to remove a state prosecution to federal court—but ONLY if their alleged conduct was part of their official duties," said Eisen.

"But the fundamental problem with this ploy is that Trump already tried to remove the case and lost — no second bites at the apple!" he continued. "Judge Hellerstein, who has the case and who denied him before, should shut him down on that basis alone."

This case is not ever going to federal court.