NEW: Trump has asked SDNY Judge Alvin Hellerstein to stay his own order denying Trump leave to seek removal of the Manhattan DA’s case to federal court. Is that because staying the order would mean the removal notice is still pending—and therefore, Merchan can’t sentence Trump?
(If you interpret the order as a denial of leave, and not a summary remand, this doesn’t work. But I’ll bet this is their thinking.)
Indeed, they note a stay of Hellerstein’s order would “allow” Judge Merchan to avoid Trump’s “potential sentencing in the weeks before the election while the Second Circuit determines whether the appropriate forum is in this district.”
Put another way, in Team Trump’s view, a stay would effectively revive their removal notice and prevent Merchan from sentencing Trump until it’s lifted. FIN.