Lawyers for President-elect Donald Trump have publicly called for the charges against him in New York v. Trump to be dropped “immediately,” saying the “failed law” lawsuit “should never have been filed.” he declared.
“President Donald J. Trump respectfully files this motion to dismiss the indictment and vacate the jury's verdict…,” they wrote in a formal motion to dismiss filed in court Monday. “The Presidential Immunity Doctrine, the Presidential Transition Act, and the Supremacy Clause all demand that outcome, and they demand it immediately.”
Trump lawyer calls for “immediate dismissal'' of high-handedness lawsuit, says election trumps political “motives''
At the outset of their argument for removal from office, Trump's lawyers cited President Biden's decision to pardon his son, Hunter Biden.
Former President Donald Trump speaks with his attorney Todd Branch during his hush money trial at Manhattan Criminal Court in New York City on May 30, 2024. (Michael M. Santiago/Getty Images)
“Yesterday, in granting a 10-year pardon to Hunter Biden for all crimes, both prosecuted and unindicted, President Biden said his son had been 'selectively and unfairly prosecuted' and 'not treated differently. ” they wrote. “President Biden claimed that 'raw politics has infected this process and it has led to a miscarriage of justice.'”
Trump's lawyers said Biden's “remarks amount to an extraordinary rebuke of President Biden's own Department of Justice.”
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“This is politically motivated election interference targeting President Trump by disgraced Special Counsel Jack Smith and other biased prosecutors in the Smith Office of Special Counsel (“SCO”). The same Justice Department that coordinated and supervised the witch hunt. “This is the same Department of Justice that sent Attorney Matthew Colangelo to Prosecutor Bragg to help unfairly target President Trump in this hollow and lawless case,” they wrote. “Since taking office, Attorney Bragg has engaged in 'exactly the type of political theater' that President Biden has denounced.”
Trump lawyers said New York v. Trump contained “contrived and flawed statements related to 2017 entries in documents that were housed hundreds of miles from the White House, where President Trump ruled the country.” “It is based on an unprecedented legal theory.”
“There are no 'aggravating factors' other than those arising from DANY's misconduct,” they wrote. “Therefore, this lawsuit should never have been brought, especially at a time when Attorney Bragg's failure to protect our city from rampant violent crime routinely frightens, intimidates, and harms New Yorkers. .”
Manhattan District Attorney Alvin Bragg arrives for the trial of Daniel Penny after a lunch break at the Manhattan Supreme Criminal Court building on Monday, December 2, 2024 in New York City. (Julia Bonavita/Fox News Digital)
President Trump's lawyers also argued that “President Trump's political views, the transformative national movement established under his leadership, and the politics he brings to deeply corrupt politicians in Washington, D.C. and elsewhere,” Without the threat, this lawsuit would never have been filed.” ”
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Trump's lawyers said: “The misguided continuation of this failed lawsuit is constitutionally permissible, consistent with President Trump's transition efforts and the overwhelming national mandate given to him by the American people on November 5th. This would hinder preparations for the full exercise of Article 2 executive powers.” 2024. ”
Trump's lawyers said the lawsuit threatens the functioning of the federal government, citing the Supreme Court's presidential immunity ruling, which provides presidents with immunity for official acts.
“Local elected officials like Attorney Bragg have no legitimate basis for causing such disruption, which also violates the Supremacy Clause,” they wrote. “Therefore, the Federal Constitution is an absolute “legal bar'' to further proceedings…and the case must be dismissed immediately. ”
President Trump's lawyers said that Bragg's wrongful prosecution “will have a lasting impact on our nation's balanced power structure and threatens to threaten the kind of 'sectarian warfare' that President Biden denounced in yesterday's pardon announcement.” ” he said.
They said the special counsel's office was “forced to make concessions.”
FILE – Judge Juan M. Marchan poses in a New York courtroom March 14, 2024. (AP Photo/Seth Wenig, File)
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Last month, a federal judge dismissed charges against Trump in the 2020 election interference case at the request of special counsel Jack Smith. Mr. Smith also withdrew his appeal in the classified records case against Mr. Trump. The case was dismissed in July by a federal judge in Florida, who ruled that Smith was illegally appointed as special prosecutor.
Last month, Mr. Bragg asked Judge Juan Marchan to put the case on hold until after the end of President Trump's second term, but Mr. Trump's lawyers said the Justice Department's Office of General Counsel “is It concluded that “prosecution is strictly prohibited.” Mr. President…even if the case is on hold…that applies to this situation. ”
They wrote that Bragg's “ludicrous suggestion that the process could simply be resumed after President Trump leaves office, more than a decade after the investigation began in 2018, is not an option.”
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Donald Trump waves to supporters in West Palm Beach, Florida. (AP Photo/Evan Vucci)
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President Trump has pleaded not guilty to 34 charges of first-degree falsification of business records, stemming from a years-long investigation by the Manhattan District Attorney's office related to alleged hush-money payments. Former Manhattan District Attorney Cyrus Vance launched an investigation, and Bragg indicted Trump.
After an unprecedented six-week trial in New York City, a jury found the president guilty on all charges.
