Donald Trump's Lawyers' Plea for Dismissal in Manhattan Hush-Money Case

Nov 20, 2024 at 4:30 PM
Donald Trump's legal team has been making a fervent push for the dismissal of his Manhattan hush-money criminal case. In their arguments, they emphasize the need to "facilitate the orderly transition of Executive power" following his victory over Kamala Harris. Todd Blanche, the lead attorney and pick for deputy US attorney general, along with Emil Bove, the choice for principal associate deputy attorney general, have been vocal in their complaints against the Manhattan district attorney, Alvin Bragg. They claim that Bragg's office is not yet ready to dismiss the politically-motivated and fatally flawed case as mandated by the law. The justice department's policy of barring the prosecution of sitting presidents is also a key point in their filing. They note that as in other federal cases against Trump, dismissal is necessary here. Continuing with the case, they argue, would be uniquely destabilizing and could hamstring the operation of the whole governmental apparatus. The attorneys have requested a 20 December deadline for filing their pitch on why Trump's election merits dismissal. Trump was found guilty on 30 May of 34 felony counts for falsifying business records in an illicit scheme to influence the 2016 election. The jurors reached their verdict in less than 12 hours, marking a significant milestone. This case not only represents the first time a president faced a criminal trial but also a conviction.

Arguments for Dismissal

The lawyers contend that Trump's election should lead to the dismissal of the case due to various reasons. They assert that a sitting president is completely immune from criminal processes, and the same applies to President Trump as President-elect. They believe that continuing the case would disrupt the normal functioning of the government. Additionally, they refer to Trump's attempts to move the case to federal court, which failed. Prosecutors have considered Trump's arguments for dismissal, including his claim of legal immunity based on his status as president-elect. However, prosecutors argue that no current law establishes that a president's temporary immunity requires the dismissal of a post-trial criminal proceeding. They stress the need to balance constitutional interests to protect the executive branch's independence and the justice system's integrity.

Impact on Government Operations

The attorneys highlight the potential impact of continuing the case on the whole governmental apparatus. They claim that it could lead to instability not only in domestic affairs but also in foreign relations. The ongoing litigation has already sent other criminal proceedings against Trump into a tailspin. The justice department is winding down its two federal cases against him, and the state-level election interference case in Georgia appears to be in limbo. This shows the far-reaching consequences of the Manhattan hush-money case.

Post-Election Litigation

In addition to the pre-election immunity bid, there are other post-election issues poised for litigation. Prosecutors have asked Merchan to put proceedings on pause given the new circumstances prompted by the election. They have also indicated that other options should be weighed, such as deferring all remaining criminal proceedings until after Trump's upcoming presidential term. These developments add another layer of complexity to the already contentious case.