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 Merch
Article from Reason.com
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