Thread by @lawofruby

NEW: Trump has filed a second notice of removal of the Manhattan DA's hush money case to federal court in what reads like a bid to prevent any sentencing hearing from going forward. 1/

Why would I say that? Because while the motion is premised on changes in federal law, especially the Supreme Court's immunity ruling, that case came down on July 1. Trump has not sought removal until now. 2/

And in the meantime, his legal team has made multiple applications to Judge Merchan, moving to set aside the jury's verdict on the ground it relies upon inadmissible "official acts" evidence, to postpone the sentencing until after the election, and even a third request for Merchan's recusal. 3/

But it's now 8/29, and with sentencing scheduled for 9/18, Merchan will not rule on the motion to set aside the verdict until 9/16. And to date, he also has not acted on the motion to postpone the sentencing. 4/

So tonight's notice of removal -- something Trump's team already tried more than a year ago and lost -- is a last-ditch attempt to stop the sentencing under the guise of a removal notice. How? 5/

Because what they want most -- and they say so expressly -- is for Manhattan federal judge Alvin Hellerstein to "confirm that Justice Merchan may not sentence President Trump during litigation over the removal." 6/

You're probably asking, "How can that be?" A federal statute states plainly that a notice of removal of a criminal case doesn't stay the criminal case, but "a judgment of conviction shall not be entered unless the prosecution is first remanded." 7/

Put another way, a state court cannot sentence a defendant who has a pending removal notice until a federal court expressly sends it back. 8/

But there's a rub: Where, as here, a defendant who already has been tried wants to remove his case to federal court, he must first obtain an order from the federal district court granting him "leave to file the notice at a later time." 9/

Trump's motion cites the "good cause" standard multiple times, but never mentions that the statute also requires him to obtain the federal court's permission to file his late notice. 10/

My guess is that Hellerstein could reject tonight's removal notice on that basis alone, and without further briefing. Watch this space. FIN.

And for @lylden & @alegalnerd and anyone else curious, here is the notice of removal: storage.courtlistener.com/recap/gov.usco…