Donald Trump’s lawyers are demanding that the judge who presided over his hush-money trial and conviction in New York immediately dismiss the case, saying it would otherwise be “uniquely destabilizing to the country.”
“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 ,” said attorneys Todd. Blanche and Emil Bove argued in a letter to Judge Juan Merchan that was made public on Wednesday. The letter also cited presidential immunity as a reason to dismiss the case, claiming that Trump is already protected by it.
“The Constitution prohibits “plac[ing] in 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 said, citing a memo from the Office of Legal Counsel from the Ministry of Justice, before turning to the new legal argument from the lawyers themselves. “Just as a sitting president is completely immune from any criminal trial, so too is President Trump as president-elect,” the letter said.
The lawyers asked for until December 20 to file a motion laying out their reasons why the case should be dismissed, a timetable that makes it highly unlikely that Trump will be convicted before he takes office. The lawyers have argued that he cannot be convicted while in office because it would violate his constitutional duties.
Trump was convicted earlier this year of 34 counts of falsifying corporate records in connection with a hush money payment to adult film actor Stormy Daniels. He was scheduled to be sentenced on November 26, but the judge last week suspended all deadlines in the case 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 make further legal arguments requesting to dismiss the case.
They said they would contest efforts to dismiss the case, but agreed the situation is unprecedented.
“The people have deep respect for the Office of the President, are aware of the demands and obligations of the presidency, and recognize that the inauguration of the defendant 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.
This article was originally published on NBCNews.com
