Donald Trump's attorneys are demanding the judge who presided over his New York hush money trial and conviction immediately throw out the case, saying it would be "uniquely destabilizing to the country" otherwise.
"Immediate dismissal of this case is mandated by the federal Constitution, the Presidential Transition Act of 1963, and the interests of justice, in order to facilitate the orderly transition of Executive power following President Trump’s overwhelming victory in the 2024 Presidential election," attorneys Todd Blanche and Emil Bove argued in a letter to Judge Juan Merchan that was made public Wednesday. The letter also cited presidential immunity as a reason to dismiss the case, and maintained Trump is already protected by it.
"The Constitution forbids “plac[ing] into the hands of a single prosecutor and grand jury the practical power to interfere with the ability of a popularly elected President to carry out his constitutional functions,” the letter says, citing a memo from the Justice Department's Office of Legal Counsel, before turning to the attorneys' own novel legal argument. "Just as a sitting President is completely immune from any criminal process, so too is President Trump as President-elect," the letter said.
The attorneys asked to have until Dec. 20 to file a motion laying out their reasoning for why the case should be dismissed, a timetable that would make it highly unlikely Trump is sentenced before he takes office. The attorneys have argued he can't be sentenced while in office because it would interfere with his constitutional duties.
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Trump was convicted earlier this year on 34 counts of falsifying business records related to a hush money payment made to adult film actor Stormy Daniels. He was scheduled to be sentenced on Nov. 26, but the judge stayed all deadlines in the case last week after prosecutors said they needed time to consider how to proceed in light of Trump's election victory.
In a letter to the judge Tuesday, prosecutors from Manhattan District Attorney Alvin Bragg's office said they would not object to the sentencing being postponed while Trump’s lawyers file further legal arguments asking the case be dismissed.
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They said they would challenge efforts to toss the case, but agreed the situation is unprecedented.
“The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency, and acknowledge that Defendant’s inauguration will raise unprecedented legal questions," their filing said. "We also deeply respect the fundamental role of the jury in our constitutional system."
The judge has not yet ruled on the request.
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