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In documents filed in U.S. District Court in Manhattan, Bragg
argued that Trump is not entitled to the change in venue because
he is not a federal officer. Lawyers for Trump have previously
requested to move the case out of New York state court.
Bragg also argued that Trump was not a federal officer at the
time of the accused crimes, which involve a hush money payment
to a porn star before Trump, a Republican, was elected president
in November 2016.
Trump pleaded not guilty in state court in Manhattan last month
to 34 counts of falsifying business records to conceal
reimbursements to his then-lawyer Michael Cohen for a $130,000
payment to porn star Stormy Daniels to stay quiet about an
alleged sexual liaison, which Trump denies.
Prosecutors say Trump falsified records related to reimbursing
Cohen in part to cover up the fact that the payment to Daniels
exceeded federal campaign contribution limits.
"Defendant was charged by a New York county grand jury with New
York crimes for falsifying the business records of private New
York enterprises while reimbursing his personal lawyer for a
pre-election expenditure," Bragg said in the filing. "He does
not plausibly meet the required elements to justify removal to
federal court."
Earlier this month, Trump's lawyers argued that the federal
court had jurisdiction because the charges had to do with
conduct that took place while he was president, saying the case
was based on checks allegedly written to Cohen by Trump in 2017,
while Trump was president. They denied that the checks and
related records were false records.
The high-profile case, in which Trump became the first sitting
or former president to be charged criminally, comes as the
Republican primary for the 2024 election heats up.
Trump's criminal trial is scheduled for March 25, 2024, meaning
he will be on trial as his campaign for president is in full
swing.
Trump, who lost the 2020 election to Democratic President Joe
Biden, is currently the frontrunner for the Republican
nomination for 2024.
(Reporting by Tyler Clifford in New York City; Editing by
Caitlin Webber and Leslie Adler)
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