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Donald Trump has filed a petition seeking to move his New York state criminal case to a federal court in Manhattan and push off the upcoming sentencing for his conviction on 34 counts of falsifying business records.

The petition filed Thursday asks the federal court to confirm the former president cannot be sentenced while the litigation over the removal to federal court is pending.

“These ongoing harms must be stopped. The impending election cannot be redone. The currently unaddressed harm to the Presidency resulting from this improper prosecution will adversely impact the operations of the federal government for generations,” the filing states.

It continues: “Accordingly, President Trump respectfully requests that the Court (i) accept this Second Removal Notice; (ii) confirm that Justice Merchan may not sentence President Trump during litigation over this Second Removal Notice because sentencing would result in a prohibited ‘judgment of conviction.’”

Trump’s sentencing is currently scheduled for September 18, though Judge Juan Merchan is expected to rule in early September on a previously filed motion from Trump’s legal team – that the Manhattan district attorney’s office did not oppose – to delay it until after the election.

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