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(CNN) — Former President Donald Trump will continue to fight to move his New York hush money case into federal court – and delay his sentencing on that conviction – by now appealing to the Second Circuit Court of Appeals, according to a notice of appeal filed Tuesday night.
A federal judge in Manhattan denied his initial request to move the case to the Southern District of New York on Tuesday. Trump’s attorneys filed a notice of appeal of that decision soon after.
Trump’s legal team filed the petition last week to move the state case to federal court in the wake of the Supreme Court’s presidential immunity decision. They also asked the federal judge to postpone Trump’s sentencing, currently set for September 18.
Last week, Trump’s attorneys asked Judge Juan Merchan to refrain from issuing a decision over presidential immunity to allow the process in federal court to play out. Merchan had previously said he’d rule on that motion September 16.
In a letter filed with the state court on Wednesday, the Manhattan district attorney’s office said Trump now has no basis for his request to pause the state proceedings because of that federal ruling.
“Because there is no pending notice of removal with the federal court, there is no basis for the relief sought in defendant’s August 29 letter-motion,” the letter says.
The letter does not reference Trump’s notice of appeal.
Merchan still has not ruled on Trump’s separate request to delay the sentencing until after the election.
The judge could issue a decision as soon as this week.
This story has been updated with additional developments.
The-CNN-Wire
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