Lawyers for President-elect Donald Trump argue that the U.S. Constitution “[i]You will be fired immediately. ”
Trump's lawyers Todd Blanche and Emile Bove, both of whom Trump has nominated to work at the Justice Department, sent a letter to Marchand giving him a deadline of December 2024 to file a motion to dismiss the case. They requested that the date be set as the 20th day of the month.
Trump lawyer requests motion to dismiss business records lawsuit by Breitbart News On Scribd
Blanche and Bove pointed out that now that Trump is president-elect, two separate lawsuits against him are reportedly underway at the federal level, including Manhattan District Attorney Alvin Bragg. He said he is sure the same thing will happen in corporate records lawsuits brought by his firm.
“However, the Department of Justice is reportedly preparing to dismiss the federal lawsuit against President Trump and will report its final decision to federal court on December 2, 2024. As with these lawsuits, here But a rejection is necessary,” they wrote.
“The Constitution prohibits 'location'”[ing] “Substantial power to impede the ability of a popularly elected president to carry out his constitutional duties has been placed in the hands of a single prosecutor and grand jury,” Bove and Blanche continue.
The letter added that as president-elect, Trump, like a sitting president, will have “complete immunity from any criminal proceeding.” They further argue that the “public interest in providing the President with the maximum ability to discharge his duties fearlessly and impartially” extends to “ongoing transition activities.”
Mr. Blanche and Mr. Bove have suggested that the incident disrupts the transition of power under the Presidential Transition Act.
Accordingly, the Presidential Transition Act requires “all officials of the government” to “take appropriate legal measures to avoid or minimize the disruption that may be caused by the transfer of executive power” and ” “promote an orderly transition.'' ” 3 USC § 102 Note.
Continuing this litigation could be “highly destabilizing” and “impair the operation of the entire government apparatus, both foreign and domestic.” *7 OLC notes (cleanup). “Any disruption caused by the transfer of executive power could have adverse consequences for the safety and welfare of the United States and its people.'' 3 USC § 102 Note. “[S]Tate has no power. . . to delay, obstruct, burden, or in any way control the operation of constitutional laws enacted by. [C[ongress,” including the Presidential Transition Act.
Bove and Blanche requested a December 20 deadline “so that President Trump has the opportunity to address in that submission the positions taken by DOJ in the federal cases,” which are expected December 2. They assert that before the Manhattan Supreme Court can issue a ruling on the immunity motion, it must “address these new issues, and dismiss the case.”
If Merchan grants the defense’s request to file a motion to dismiss, it would mark a significant win for Trump and put the case on course toward dismissal. Trump’s defense argues that the case should be stayed if Merchan rules against dismissal, and further action should only be taken after rulings come down on pending issues in the Federal Second Circuit.
“Moving forward in the absence of a ruling by the Second Circuit ‘would defeat the very purpose of permitting an appeal,’ as Congress has done in 28 U.S.C. § 1447(d),” they write. “That wrongful approach would be particularly problematic given the ‘question[s] “Enduring significance'' is at issue. ”
The lawyers concluded that on election night, “the people of the nation issued an order that superseded the political motives of the 'people' in DANY.”
“This lawsuit must be dismissed immediately,” Blanche and Bove added.
As of this writing, Marchan has not ruled on the request, but he has postponed a sentencing hearing scheduled for November 26, Just the News reported. noticed. This postponement was made without any explanation.
The letter was filed in response to a letter from Bragg on Tuesday asking for a four-year freeze on Trump's sentencing in the case. If Marchand chooses this path, the case would be frozen during Trump's term and wait until after he leaves office.
Breitbart News senior legal contributor Ken Kurkowski noted that a request from Bragg's office gave Trump's team “room to argue” in the Second Circuit.
“And second, if Mr. Marchand does not rule on pending motions in a timely manner, he will be given time to take alternative measures,” he added.
Trump's team touted the prosecutor's request as a victory.
“This is a complete and decisive victory for President Trump and the American people who overwhelmingly elected him,” Chan, the incoming White House communications director, said in a statement.
“The Manhattan DA's Office has acknowledged that this witch hunt cannot continue. This lawless case has now been discontinued, and President Trump's legal team is working to have the case dismissed in its entirety.” .
The case is: People vs. TrumpNew York County Supreme Court No. 71543/23; new york vs trumpNo. 24-2299 of the United States Court of Appeals for the Second Circuit.
