I'm joined by Harry Litman of the talking feds YouTube channel talking feds podcast we've got some breaking news Harry Litman judge helstein federal court judge who had previously denied Donald Trump's attempt to remove the Manhattan District criminal case to Federal Court you know years ago at this point when Trump first tried to do it has just denied Donald Trump's attempt to remove it to federal court again Grant on a technicality but let's face it the law is about technicality so you and I and others on the mightest touch Network previously reported that Donald Trump tried to remove the Manhattan Criminal Case where he's already been convicted on 34 separate felony counts where sentencing is set to take place on September 18th so right around the corner where um judge Maran Justice Maran is expect to rule on absolute immunity issues by September 16 so a lot is going on and now Donald Trump and his lawyers said you know what state court yeah we went through the trial we did all of that we filed an immunity motion here we did let's go to federal court now though and let's remove this case which I think is all about delay getting it getting it in front of a federal judge and trying to stop this sentencing from happening on September 18th which I think Donald Trump is terrified of it's a long intro but let me just read Harry if I can the notice of deficiency in filing which is like an extra way I think of federal judge helstein kind of almost trolling Trump as well not even doing like a actual order that goes over it just like this is a deficient document let me just show you what hit the docket moments ago you see August 30th 2024 notice of attorney regarding deficient pleading notice to attorney Emil B to refile the document notice of removal the filing is deficient for the following reasons the PDF attached to the docket entry for the pleading is not correct the wrong event type was used to file the pleading Court's leave has not been granted the order granting permission to file the pleading was not attached refile the pleading using the event type amended notice of removal found under the event complaints and other initiating documents attach the correct signed PDF select the individually named Filer and filers select the individually named party parties to the pleading it's against and file the exhibit to the pleading event found under the event list other documents and attach either the opposing party's written consent or the Court's leave now Harry we know judge helstein has not granted leave so he could have just said submit it to me but he did it this way what do you make of the way this minute order this paperless minute order is drafted what does it tell us and what do you make of this event this is humiliating so herstein basically took down email Bo's pants and spanked him in public so first it was already a desperate move not simply delay but for a specific kind of delay Ben is how I read it so yes he's already tried before to remove it so now he's doing it again and I think it's destined to fail in several ways because it had already been decided before what what lawyers call Race judicata because Trump after it was decided before didn't take it up or abandon it to the second circuit above helstein so that would be waiver and because the on the marit there's no argument as there was before and the same reason was denied that he was acting in His official capacity when he was uh uh giving hush money uh to a porn star but I think what he was hoping to do when you do removal as you know it automatically goes into the federal system at least for a moment until it's denied and I think he was hoping to sort of work it in a way that maybe brings it up to his friends in the US Supreme Court and could keep things Frozen through September M 18th when as you say he fears and lows the prospect of this sentence it's even in his filing this would be egregious and terrible irreparable harm to me as a political candidate so helstein could have done several things with it uh including just deny on the merits and he could have tried Trump to go up instead this is the you know absolute School M wrapping his knuckles there's no appeal here what are you gonna say he got the wrong he did all these things technically wrong which Trump often will do and doesn't care about so it's absolute back of the hand and now by the way he's got to either get Mayor Chan's approval or the consent from the da I don't see that happening so I think this road uh which he embarked on with and never made much sense is shut down anyway but um it's in particularly humiliating fact and given the abusive way Trump and his lawyers have treated the New York courts and Mar Chan in particular it's really sort of appropriate uh how they're uh slapping him around here but I think what it really nips in the butt is an effort to just have this gum up the works and have them still be gummed up on September 18th now it's in back in merchon back in the state court ain't going anywhere doesn't mean and we can have a different discussion about whether meran will do the sensing on September 18th but it does mean this really desperate maneuver not only fails but fails in a really humiliating fashion so look we have State Court we have federal court right we have the criminal proceedings were brought by a state prosecutor a Manhattan district attorney in a state court before a state judge Justice Juan Maran there's also a federal system where there are federal issues are decided in federal courts or where a statute requires it be treated in a federal court or where there could potentially be an issue of a diversity jurisdiction but under set circumstances a case can involve federal laws Federal issues um and that's why it would be in federal court one of the things that Donald Trump tried initially when the criminal charges were brought this was what two years ago at this point or so he lose track of time um was to bring it remove it from State Court to Federal Court remember there was a whole evidentiary hearing that was held before judge helstein Donald Trump's lawyers did not fa very well there there were like Witnesses who were even called to testify the district attorney I remember cross-examine Witnesses and then judge helstein said this does not belong in federal court Court these are State crimes State statutes nothing to do with federal court and there was also an issue of waiver that Donald Trump had waved certain things that would otherwise make it to state court because Trump didn't want to make certain admissions of the time so it gets sent back to State Court it goes through all of the proceedings that you know that happen in State Court criminal cases it goes before a jury the jury convicts um unanimous jury we go through all these kind lead up to the sentencing and then Donald Trump and his lawyers then go you know what I just want to give people the structure in their mind you know what let's go back to that federal court because now with what the Supreme Court did and said that there's this Federal immunity this absolute constitutional immunity now we want to take this because there are now these new federal issues they argued which W wouldn't necessarily be new federal issues but they're Federal issues let's go to the federal judge and to do that when I said at the outset there are technicalities you either have to get the consent of the district attorney because the case is already done there's a jury verdict so the law says you can't just willy-nilly go bring it back up you know to Federal Court get the consent or get leave of the judge and go through the judicial process follow the rules because Trump didn't follow the rules the federal judge didn't even address this fairly long filing by Donald Trump on its merits like judge helstein the federal judge could have issued an order that cided case law but what they did is you know it's sometimes like where a paralal screws up in the filing and maybe the pargal includes the wrong lawyer's name or includes like the wrong document maybe its form a88 but they meant to do the a86 form or whatever so the clerk reject it in a minute order that looks like that and when you get that at your Law Firm you usually you know usually the law partner or the senior associate whoever you know will go to you what you made me look stupid what are you doing you know and then you'll be like well you're the lawyer you should be checking you know your filings we've all been there before though we're not impervious to that but at such a high-profile matter to get the the treatment of you filed the wrong form thing is helstein at another subtle level kind of digging in huh and not even so subtle and just a just a few uh points here so again that that given he that he rejects it for this reason Trump can't appeal that he can't go to the second circuit and say oh my PDF was really the right kind it was the wrong kind so he is out of luck and out of court now removal um is the whole idea here removal is kind of a kiss and cut Lon of immunity he wanted to say there's a reason you have a removal statute that's because you're a federal official and state courts are going after you for something you did as part of your federal job and there's the the law that says so you can get go to Federal Court where presumably you get a fair shake so in that sense it raised the same question are you work were you working in your federal job and what they had decided already and this augures poorly for Trump and is a imunity motion is that no he wasn't acting in his federal job when he did this stuff and that's so that that's a similar kind of ruling and the final thing I want to note is just as you said he was trying to say oh we have new law here but New York actually makes it clear a new opinion even from the Supreme Court that's not good enough a good enough reason for you to revisit this so it wasn't it it was going to fail eight ways from Sunday but the way that hin did it first I think is sort of personally humiliating to the lawyer and then second gives him no immediate appeal no way to sort of monkey with the system on his way up to his friendly Forum in the US Supreme Court so it's a it's a pretty sharp come up and for some pretty sloppy lawyering as you say there you have it Harry Litman make sure you all subscribe to Harry litman's YouTube channel it's talking feds talk talking fed's YouTube channels where I get my legal news when I really want to geek out you should go there I'm not calling you a geek I to say I like to geek out go search talking feds YouTube Harry have a wonderful weekend same to you real quick metag just changed their algorithm to suppress political content please follow our Instagram @ mest touch right now as we head towards 400,000 followers so you don't miss a Beat [Music]