Key Facts

• Judge Alvin K. Hellerstein died at age 92 on Wednesday, according to the article.
• Trump’s attorneys submitted the brief to the U.S. Court of Appeals for the Second Circuit on October 29, one day after Hellerstein’s death.
• The filing challenges Hellerstein’s rejection of Trump’s attempts to move his New York criminal case from state to federal court.
• Trump’s lawyers rely on a federal-officer removal statute that can allow some state criminal cases involving federal officers to be transferred to federal court.
• The attorneys argue that the Supreme Court’s July 2024 ruling in Trump v. United States changed the legal position on presidential immunity and supported a new removal request.
• The brief disputes prosecutors’ claim that Trump waited too long or waived his right to seek removal by continuing to participate in state court proceedings.
• Trump’s lawyers say he continued to argue in state court to avoid possible sentencing and incarceration.
• The filing also argues that delays in the proceedings, including a 10-month wait for a district court decision after a 2025 remand, should not block transfer.