president-elect Donald Trump’s criminal conviction should be thrown away because he was elected presidentsay his lawyers.
In a letter made public on Wednesday, attorneys Todd Blanche and Emil Bove – both set to enter battle senior positions under Trump at the federal Department of Justice – wrote to the judge presiding over Trump’s criminal trial that his conviction should be set aside.
“The immediate dismissal of this case is mandated by the Federal Constitution, the Presidential Transition Act of 1963, and the interests of justice, to facilitate the orderly transition of executive power following President Trump’s landslide victory in the 2024 presidential election.” , according to Blanche and Boef wrote.
Trump was convicted in May, 34 charges were filed for falsifying company documents in connection with covering up a “hush money” payment made before his first election to office in 2016. But he has not been convicted. That crucial hearing was postponed twice: first to give his team a chance to seek dismissal based on a presidential immunity decision by the Supreme Court in July, and later to avoid interrupting the presidential campaign.
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Now that Trump has won the election, his lawyers argue that this means he cannot be punished for his crimes even before he takes office.
“Just as a sitting president is completely immune from any criminal trial, so too is President Trump as president-elect,” they wrote. “Federal law provides for the ‘orderly transfer of executive powers in connection with the expiration of a President’s term and the inauguration of a new President.'”
Trump’s lawyers had previously indicated in letters to Judge Juan Merchan and Manhattan District Attorney Alvin Bragg that they intended to pursue this latest dismissal of his case. On Tuesday, prosecutors wrote to the judge that while they will not oppose delaying the sentencing — possibly even beyond Trump’s term in 2029 — they do plan to fight the dismissal of the case.
“Several non-dismissal options should be taken into account that could address the concerns raised by the pending post-presidency criminal proceedings, such as postponing all remaining criminal proceedings until after the end of the next presidential term of office suspect.” prosecutors wrote.
Immediately after a A unanimous jury found Trump guilty in May he vowed to appeal the conviction.
The jury thought so Trump has committed 34 crimes as part of a plan he signed, which included a series of refunds Michael Cohenhis former lawyer and fixer, were portrayed as payments for legal services. They were in fact refunds for a $130,000 wire transfer Cohen made to an adult film star’s lawyer days before the 2016 presidential election. The payment was made so that the actress, Stormy Daniels, would refrain from going public with an alleged sexual meeting with Trump just before voters went to the polls.
Trump has pleaded not guilty in the case, denies any wrongdoing and says he never had sex with Daniels.
