Trump Legal Team Seeks Dismissal of Case, Citing Election Mandate

 November 20, 2024

A pivotal legal battle unfolds as President-elect Donald Trump's defense team confronts Manhattan District Attorney Alvin Bragg over the high-profile hush-money case.

According to Fox News, Trump's attorneys have demanded an immediate dismissal of New York v. Trump, arguing that his recent election victory supersedes the district attorney's political motivations.

Defense attorney Todd Blanche, who has been nominated for Deputy Attorney General, submitted a letter to Judge Juan Merchan on Wednesday requesting permission to file a motion to dismiss by December 20. The defense team also sought a stay on all deadlines, a request to which Bragg's office has agreed.

Presidential Transition And Constitutional Implications

Blanche's argument centers on the federal Constitution, the Presidential Transition Act of 1963, and what he terms "the interests of justice." The defense team maintains that these factors necessitate the case's dismissal to ensure a smooth transition of executive power following Trump's victory in the 2024 presidential election.

Trump's legal team emphasizes that continuing with the case could potentially destabilize governmental operations, particularly in foreign and domestic affairs. They argue that the prosecution's recent request for a stay until 2029 represents a significant weakness in their case.

The former president, who pleaded not guilty to 34 counts of falsifying business records in the first degree, has already been found guilty by a jury after a six-week trial in New York City. However, his legal team contends that certain evidence presented during the trial should not have been admitted as they were "official acts."

Supreme Court Decision And Its Impact

Trump's attorneys are leveraging a recent U.S. Supreme Court decision that grants former presidents substantial immunity from prosecution for official acts performed while in office. This ruling emerged from a separate federal case brought by Special Counsel Jack Smith regarding the January 6 events.

In their argument, Blanche stated that Bragg violated the presidential immunity doctrine by using official-acts evidence in grand jury proceedings. The defense team asserts that this violation alone should result in the dismissal of all charges.

Defense attorney Blanche wrote to Judge Merchan:

On November 5, 2024, the Nation's People issued a mandate that supersedes the political motivations of DANY's 'People.' This case must be immediately dismissed.

What Lies Ahead For The Manhattan Case

The legal developments in this case represent a complex intersection of presidential powers, electoral mandate, and judicial process. Trump's defense team has filed their request for dismissal while Manhattan DA Bragg seeks to pause proceedings until 2029.

President-elect Trump's lawyers maintain that Bragg appears reluctant to dismiss what they describe as a politically motivated and fundamentally flawed case. They argue that the prosecution's request for a lengthy stay indicates the weakness of their position.

Judge Merchan has already granted a stay on all deadlines associated with conviction proceedings against Trump in the weeks leading up to his inauguration. This includes the previously scheduled November 26 sentencing date.

Navigating The Legal Crossroads

The Manhattan hush-money case against President-elect Donald Trump faces a critical juncture as his defense team pushes for dismissal based on his recent electoral victory and constitutional protections. The case, which resulted in Trump's conviction on 34 counts of falsifying business records, now hangs in the balance as Judge Juan Merchan considers both the defense's motion to dismiss and the prosecution's request for a stay until 2029. As Trump prepares to assume his role as the 47th president, his legal team argues that continuing the case would impede the transition of executive power and violate constitutional principles.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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