President-elect Donald Trump's lawyers have been granted permission to file a motion to dismiss in the Manhattan business records case, a major victory for the president and a sign that the matter could be headed for dismissal.
Judge Juan Melchan issued a ruling on Friday granting the request filed on Tuesday.
The motion to dismiss must be filed by Dec. 2, and a response from Manhattan District Attorney Alvin Bragg's office must be filed one week later, on Monday, Dec. 9. Machan also postponed his sentencing, which was scheduled for Nov. 26.
Incoming White House communications director Stephen Chan touted the development in a statement.
“With President Trump's decisive victory, the trumped-up Manhattan case has been completely halted and the verdict postponed,” Chan said.
“President Trump won a landslide victory because the American people ordered him back as president and that all remnants of the witch hunt be destroyed,” he added. “All false legal attacks against President Trump have been destroyed and we are focused on making America great again.”
In a letter Tuesday, Trump's lawyers Todd Blanche and Emile Bove asked for a Dec. 20 deadline to file the complaint. The Department of Justice's (DOJ) decision to dismiss two federal lawsuits against Trump is expected on December 2nd. In their motion, Blanche and Bove asked for a Dec. 20 deadline to give them time to review the Justice Department's decision. The Justice Department is preparing to dismiss the lawsuit.
Mr. Trump's lawyers have asked that the case be halted if Mr. Marchand denies the request, saying further litigation should only come after the 2nd Circuit rules on the pending issues. He claimed this in a letter.
RELATED: Mainstream media hypes President Trump as a 'convicted felon'
Prosecutors on Tuesday asked Marchand to freeze sentencing in the case during Trump's term, pending sentencing after he leaves office.
“It's no surprise that Mr. Bragg is seeking a four-year freeze on the case, which is exactly what we previously explained on this page,” said Breitbart News senior legal contributor Ken Krukowski. It's a potential trap,” he said in response. “It would be unreasonable for Mr. Marchand to allow that, and the result would probably be for a federal court to assert jurisdiction over the prosecution, or for the New York high court to issue a type of writ of mandamus relief on the development of events. However, in the end, President Trump will win the presidential election.” “
“If Mr. Marchan wants to avoid a humiliating reversal in federal or state court, he should dismiss this case before President Trump takes office on January 20,” Krukowski added.
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.
