Michael Popoc, Legal AF, you know who doesn't know New York law and procedure?

Emil Beauvais, Donald Trump's lawyers.

Second time the charm?

I'm not sure about that.

What am I talking about?

A notice of removal, where Donald Trump at the last minute to try to stop his sentencing for the 34 count felony convictions scheduled for the 18th of September in front of Judge Kwan Mershaun.

He tried to file a notice of removal, a special device

with special powers under federal court procedure. If you file it properly, then automatically the jurisdiction of the state court gets divested, gets

extinguished at least for a temporary period of time until the federal judge takes a look at

your papers and then decides

whether to keep the case in federal court, even your criminal matter or remands it, sends it back to

state court. That's the power of a notice of removal properly filed.

Unfortunately for Donald Trump, as I reported on Legal AF last week, they didn't properly

file it. In fact, they ignored the federal rules of civil procedure and criminal procedure, which

governed in this area, which say in particular that when you were filing a notice of removal,

a request to a federal judge that the case pretty

please be transferred from state court to federal court and you're in a criminal

trial and the criminal trials already happened and your arraignment has already happened, such as here, where you are post-conviction and pre-sentencing?

You gotta ask the federal judge for leave, you to ask his permission before you file the

notice of removal otherwise it's ineffective so it got bounced by Judge

Hellerstein federal judge and the law and the clerk of the court last week. You didn't ask please you didn't file your notice of removal with a motion for leave for permission to file your notice for removal. Well, we've now got as I predicted. We've got the motion.

Finally, the request where they don't apologize at all for having screwed up the procedure. They don't acknowledge that they have

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