Trump's attorneys have put forward several reasons for seeking the dismissal of the case. They cite President Biden's assertion that his son was prosecuted unfairly and the supposed "overwhelming national mandate" shown by the recent presidential election. They also claim that a pending sentence would disrupt the institution of the presidency, which they argue is unconstitutional.
In addition to these, they refer to Special Counsel Jack Smith's motion to dismiss the federal election interference case. DOJ precedent states that presidents cannot be prosecuted while in office. Before the trial even began, Trump's legal team made multiple attempts to have the case thrown out on various grounds, including his status as a presidential candidate. Even after he became a convicted felon, this tactic remained unchanged. They tried to leverage the Supreme Court's ruling granting former presidents immunity from prosecution for "official" acts, although not all of Trump's crimes occurred during his presidency.
After the election, prosecutors have not agreed to dismiss the case as requested by the defense. Instead, they have signaled their openness to delaying the sentencing until 2029, when Trump's second term expires. Sentencing has been postponed several times. It was originally set for July, then September, and finally late November, before being postponed indefinitely. This shows the ongoing legal battle and the efforts by both sides to shape the outcome of the case.
The legal proceedings surrounding Donald Trump's case are complex and highly debated. The actions and arguments of his lawyers and prosecutors are closely watched as they navigate the legal system and seek to achieve their respective goals. It remains to be seen how this case will ultimately be resolved and what impact it will have on the political landscape.