Trump’s request to have his federal charges heard in a different state, like West Virginia, is unlikely to be granted.
Trump's request to have his federal charges heard in a different state, like West Virginia, is unlikely to be granted.
Trump’s Attempt to Move His Indictment Case Out of Washington, DC: Experts Say It’s Unlikely to Work
Former President Donald Trump was federally indicted on Tuesday for charges related to his attempt to overturn the 2020 presidential election. As news of his indictment spread, Trump and his legal team argued that the case should be moved away from Washington, DC, and suggested West Virginia as a more “impartial” venue. However, legal experts have deemed this request unlikely to be granted by a federal judge.
Trump took to his new social media platform, Truth Social, to complain about the location of the charges. In a typical Trump fashion, he wrote, “The latest Fake ‘case’ brought by Crooked Joe Biden & Deranged Jack Smith will hopefully be moved to an impartial Venue, such as the politically unbiased nearby State of West Virginia! IMPOSSIBLE to get a fair trial in Washington, D.C., which is over 95% anti-Trump, & for which I have called for a Federal TAKEOVER in order to bring our Capital back to Greatness.”
Trump’s attorney, John Lauro, also suggested that the trial should be held in West Virginia, which he characterized as the “political opposite” of Washington, DC. During the 2020 presidential election, Biden received 92 percent support in the District of Columbia, while Trump secured 69 percent support in West Virginia.
Legal experts, however, have dismissed Trump’s request as baseless. Norm Eisen, a senior fellow at the Brookings Institute and former co-counsel during Trump’s first impeachment proceeding, stated, “The case is so strong that I’m not sure that’s the appropriate jurisdictional limitation in any court in the galaxy or universe. I have no concerns whatsoever about the defendant’s ability to get a fair trial in DC even if some political hay will be made of the matter. This is a defendant, who with his enablers and supporters, is gonna make political mischief no matter what.”
Ryan Goodman, a legal professor at the New York University School of Law, shared Eisen’s viewpoint. He described Trump’s and his attorney’s tactics to move the case out of Washington, DC as “really bad” and “not even really a legal argument.” Goodman added, “It’s not conceivable, I think, that the courts will decide that the case should be held in a different jurisdiction. The arguments that they’re making are not arguments that even have that register in legal vocabulary.”
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The choice to hold Trump’s case in Washington, DC, is not arbitrary. The alleged crimes took place within the White House, falling under the jurisdiction of the United States District Court for the District of Columbia.
Despite Trump’s efforts, the federal judge is unlikely to grant his request for a venue change. As legal experts have emphasized, the strength of the case against him is a vital factor, making the location of the trial irrelevant. Trump is scheduled to be arraigned in Washington, DC, on Thursday in relation to the recent indictment.