In order to help his client enter the winner’s circle, Donald Trump’s lawyers have requested the judge presiding over his hush-money case in New York City to acknowledge that the current proceedings are merely a formality.
In light of this, the two-member Manhattan legal teams of the 45th and 47th presidents—both of whom are expected to join the U.S. Department of Justice soon—have requested permission from Justice Juan Merchanto of the New York Supreme Court to submit a new move to dismiss.
In a two-page letter motion filed Wednesday morning, attorneys Todd Blanche and Emil Bove stated that “the Federal Constitution, the Presidential Transition Act of 1963, and the interests of justice require the immediate dismissal of this case in order to facilitate the orderly transition of Executive power following President Trump’s overwhelming victory in the 2024 Presidential election.” Thus, we humbly offer this letter of premotion to ask for authorization to present a motion to dismiss by December 20, 2024.
There is some disagreement between this request and Manhattan District Attorney Alvin Bragg’s stance. Not really, though.
After Trump completes his second term as president, prosecutors plan to move forward and request that he be sentenced in connection with his 34 felony charges, Bragg’s office made plain on Tuesday.
The DA foreshadowed the probable agreement that was developing at the trial court level, which was to kiboshing the most of the remaining deadlines.
While officially leaving the sentence date on the calendar, Merchan put a halt to immunity-related proceedings last week by instructing prosecutors to present their ideas for future measures. Merchan granted the defense and prosecutors’ joint plea to halt the case’s deadlines in that order.
However, both parties concur that the defense should submit its last move to dismiss before Merchan takes over.
But in a recurring pattern of prosecutorial at-bats that have produced Trump-thrown no-hitters, the defense wants to extend the final few innings and solidify the victory, while the government demands a more stringent set of deadlines.
The once-and-future president was expected to file the second petition to dismiss sometime in late November, so Bragg urged the court on Tuesday to establish a deadline of Dec. 9 for the government to reply to the defense motion.
Trump’s lawyers requested on Wednesday that the court provide them until December 20 to submit their initial motion to dismiss.
According to the letter move, Blanche and Bove anticipate hearing by December 2 that the U.S. Department of Justice will formally and completely drop all outstanding federal proceedings against their client.
According to the filing, the defense wants a month to consider their alternatives and arguments so that President Trump can address the DOJ’s positions in the federal cases in that submission.
The parties also disagree on the stylization of the upcoming motion and the corresponding government response.
In his letter to Merchan on Tuesday, Bragg described the eventual Trump petition to dismiss as another attempt to use presidential immunity.
According to Trump’s staff, it’s about basic fairness.
According to the letter motion, DANY does not yet seem prepared to dismiss this politically motivated and terminally flawed case, which is required by law and will occur as justice is served, while DA Bragg is involved in his own election campaign. The Constitution prohibits giving a single prosecutor and grand jury the actual authority to obstruct a president who has been elected by the people from doing his constitutional duties.
Additionally, in one significant sense, the defense is urging Merchan to keep embargoing his previously anticipated but temporarily stayed finding on presidential immunity in order to achieve a measure of speed.
Trump’s motion continues: Before the Court renders a decision on the previously filed Presidential immunity motion, it must evaluate these new problems and dismiss the lawsuit. The Supremacy Clause and the Presidential immunity doctrine would be clearly violated by any other course of action. The proper forum for any further proceedings must be decided in President Trump’s removal appeal, even if the Court were to incorrectly reject the new interests-of-justice motion—something it shouldn’t do.
In light of the high court’s broad summary ruling, the judge was supposed to rule on whether Trump’s convictions will stand, but he changed his mind after the election.
The motion on Wednesday conveyed the message that Trump is no longer playing ball with the county prosecutor because he won the election.
The letter motion concludes, “On November 5, 2024, the Nation’s People issued a mandate that supersedes the political motivations of [the District Attorney of New York’s] People.” This case needs to be dropped right away.
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