According to Donald Trump’s lawyers, it would be “uniquely destabilizing to the country” if the judge who oversaw his hush money trial and conviction in New York did not quickly dismiss the case.
In a letter to state Judge Juan Merchan released on Wednesday, attorneys Todd Blanche and Emil Bove contended that “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.” Additionally, the letter claimed that Trump is already covered by presidential immunity and used that as justification to dismiss the case.
Before moving on to the lawyers’ own original legal argument, the letter quotes a memo from the Justice Department’s Office of Legal Counsel, which states that the Constitution prohibits “pla[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.” “Just as a sitting President is completely immune from any criminal process, so too is President Trump as President-elect,” the letter stated.
It would be extremely unlikely that Trump gets punished before he takes office if Blanche and Bove were given until December 20 to submit a motion outlining their arguments for why the case should be dismissed. They contend that because it would conflict with his constitutional obligations, he cannot be sentenced while in office.
This year, Trump was found guilty on 34 charges of falsifying company documents pertaining to the payment of hush money to Stormy Daniels, an adult film star. Merchan stayed all deadlines in the case last week after prosecutors stated they needed time to think about how to continue in light of Trump’s presidential victory. He was supposed to be sentenced next Tuesday.
Prosecutors from Manhattan District Attorney Alvin Bragg’s office wrote to Merchan on Tuesday that they would not object to the sentence being delayed while Trump’s attorneys submit additional legal arguments in an attempt to get the case dismissed.
Although they acknowledged that the circumstances are unprecedented, they stated that they would contest attempts to have the lawsuit dismissed.
The People recognize that the inauguration of the defendant will bring up hitherto unheard-of legal issues, they have a great deal of respect for the Office of the President, and they are aware of the responsibilities and expectations of the office,” their filing stated. “We also deeply respect the fundamental role of the jury in our constitutional system.”
Merchan hasn’t made a decision yet.
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