Donald Trump's legal team is making a bold move, demanding that the judge presiding over his New York hush money trial and conviction immediately throw out the case. They claim that failing to do so would have a uniquely destabilizing effect on the country. In a letter made public on Wednesday, attorneys Todd Blanche and Emil Bove presented a compelling argument, stating that immediate dismissal is mandated by the federal Constitution, the Presidential Transition Act of 1963, and the interests of justice. This is to ensure the orderly transition of executive power following Trump's overwhelming victory in the 2024 Presidential election.
Trump's Attorneys Fight for Case Dismissal Amidst Unprecedented Circumstances
Presidential Immunity and the Case
The attorneys also cited presidential immunity as a reason to dismiss the case, maintaining that Trump is already protected by it. As stated in the letter, "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.' This is further supported by a memo from the Justice Department's Office of Legal Counsel. The attorneys argue that just as a sitting President is completely immune from any criminal process, so too is President Trump as President-elect.This unique legal argument adds another layer to the already complex situation. It highlights the importance of upholding the principles of the Constitution and ensuring that the powers of the presidency are not unduly influenced by legal actions.Timeline and Sentencing Concerns
The attorneys asked for until December 20 to file a motion laying out their reasoning for dismissing the case. This timeline makes it highly unlikely that Trump will be sentenced before he takes office. They have argued that being sentenced while in office would interfere with his constitutional duties. This shows their concern for the proper functioning of the government and the separation of powers.Trump was convicted earlier this year on 34 counts of falsifying business records related to a hush money payment to adult film actor Stormy Daniels. The scheduled sentencing on November 26 was stayed by the judge last week after prosecutors said they needed time to consider how to proceed in light of Trump's election victory.Prosecutors' Response
In a letter to the judge on 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 for the case to be dismissed. They also said they would challenge efforts to toss the case but acknowledged that 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, leaving the fate of the case hanging in the balance. This legal battle is likely to have far-reaching implications for the future of the presidency and the rule of law in the United States.