Can New York Enter A Final Criminal Judgement Against Trump While The Federal Removal Action Is Still Pending?
Today Judge Merchan issued a sentence against President-Elect Trump, and presumably created a final appealable judgment. But could he?
President Trump has tried to remove this case to federal court under the federal officer removal statute. I wrote about the statute here, and Tillman and I explained why the case could not be removed here. The District Court denied Trump’s motion to remand the case to state court. But unlike with the usual federal question removal statute, where there is no appeal, the federal officer removal statute permits an appeal. This case is currently on appeal to the Second Circuit (Docket No. 24-2299). Judge Merchan noted as much in his decision:
As for the alleged misrepresentations by DANY in connection with the Removal proceedings, this Court is not aware of such misrepresentations. Thus far, Defendant’s efforts to remove the case to federal jurisdiction have been rejected. What remains is Defendant’s appeal of Judge Hellerstein’s denial of his motion for leave to move for removal a second time.
Given this posture, could Judge Merchan issue a final judgment?
28 U.S.C. § 1455(b)(3) provides:
(3)The filing of a notice of removal of a criminal prosecution shall not prevent the State court in which such prosecution is pending from proceeding further, except that a judgment of conviction shall not be entered unless the prosecution is first remanded.
It seems that a final judgment cannot be entered until the case is remanded back to state court.
As I understand things, the case has not yet been remanded back to the state court. Can a final judgment of conviction be issued before the case is remanded? I don’t know. But this issue may warrant some further thought.
The post Can New York Enter A Final Criminal Judgement Against Trump While The Federal Removal Action Is Still Pending? appeared first on Reason.com.
Source: https://reason.com/volokh/2025/01/10/can-new-york-enter-a-final-criminal-judgement-against-trump-while-the-federal-removal-action-is-still-pending/
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world. Anyone can join. Anyone can contribute. Anyone can become informed about their world. "United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
LION'S MANE PRODUCT
Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules
Mushrooms are having a moment. One fabulous fungus in particular, lion’s mane, may help improve memory, depression and anxiety symptoms. They are also an excellent source of nutrients that show promise as a therapy for dementia, and other neurodegenerative diseases. If you’re living with anxiety or depression, you may be curious about all the therapy options out there — including the natural ones.Our Lion’s Mane WHOLE MIND Nootropic Blend has been formulated to utilize the potency of Lion’s mane but also include the benefits of four other Highly Beneficial Mushrooms. Synergistically, they work together to Build your health through improving cognitive function and immunity regardless of your age. Our Nootropic not only improves your Cognitive Function and Activates your Immune System, but it benefits growth of Essential Gut Flora, further enhancing your Vitality.
Our Formula includes: Lion’s Mane Mushrooms which Increase Brain Power through nerve growth, lessen anxiety, reduce depression, and improve concentration. Its an excellent adaptogen, promotes sleep and improves immunity. Shiitake Mushrooms which Fight cancer cells and infectious disease, boost the immune system, promotes brain function, and serves as a source of B vitamins. Maitake Mushrooms which regulate blood sugar levels of diabetics, reduce hypertension and boosts the immune system. Reishi Mushrooms which Fight inflammation, liver disease, fatigue, tumor growth and cancer. They Improve skin disorders and soothes digestive problems, stomach ulcers and leaky gut syndrome. Chaga Mushrooms which have anti-aging effects, boost immune function, improve stamina and athletic performance, even act as a natural aphrodisiac, fighting diabetes and improving liver function. Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules Today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.
| Online: | |
| Visits: | 1,666,713,344 |
| Stories: | 8,324,008 |
Whistler Blowers, Insiders
