Judge Juan Machan on Friday granted President-elect Trump's request to file a motion to dismiss the charges in New York v. Trump, removing the president-elect's sentencing date from the calendar.
Marchan said Trump's lawyers have until Dec. 2 to file a motion for removal. Mr Machan said Mr Bragg had until December 9 to respond.
Marchan also granted a stay in sentencing for Trump, which had been sought by both Trump and Bragg's lawyers. Sentencing had been scheduled for Nov. 26, but Marchan said Friday that that date will be “postponed.”
President Trump's press secretary and incoming White House communications director, Stephen Chan, reacted to Marchand's ruling on Friday, telling Fox News Digital that it was a “decisive victory” for the president.
“With President Trump's decisive victory, the trumped-up Manhattan case has been completely halted and the verdict postponed,” Chan told FOX News Digital. “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.”
Chan added: “All false legal attacks against President Trump have been destroyed and we are focused on making America great again.”
Trump's lawyer, Todd Blanche, who is currently nominated to be deputy attorney general, requested in a letter to Marchan on Wednesday that the case against Trump be thrown out.
“On November 5, 2024, the People of the Nation issued an order superseding the political motives of the ‘people’ in DANY,” Blanche wrote. “This case must be dismissed immediately.”
“In order to facilitate an orderly transition of executive power following President Trump's landslide victory in the 2024 presidential election, the Federal Constitution, the Presidential Transition Act of 1963, and the interests of justice require the immediate dismissal of this lawsuit,” Blanche said in a statement. is required,” he said. ”
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Former President Trump (left) speaks with his attorney Todd Blanche during his hush money trial at Manhattan Criminal Court in New York City on May 30. (Michael M. Santiago/Getty Images)
Blanche's Wednesday pre-motion letter was sent seeking permission to file a motion to dismiss by Dec. 20 and requesting extensions of all deadlines agreed to by Bragg and New York prosecutors. .
The letter comes after Mr Bragg sent a letter to Mr Marchand on Tuesday asking him to halt the case until 2029. Bragg said he opposed Trump's motion to dismiss but would accept the defense's arguments.
Blanche said Bragg “doesn't seem ready to dismiss this politically motivated and fatally flawed case. That's what the law requires and will happen as justice progresses.” Deaf,” he claimed. Mr. Blanche pointed to Mr. Bragg's own campaign for reelection as Manhattan district attorney.
After surrendering to New York authorities in New York County Criminal Court on April 4, 2023, former President Trump appeared for arraignment before Judge Juan Machan. (Photo by Seth Wenig Poole, via USA TODAY)
Blanche argued that continuing this litigation would be “uniquely destabilizing'' and could “impede the operation of the entire government apparatus, both foreign and domestic.''
“The court must address these new issues and dismiss the case before issuing a decision on the previously filed presidential immunity application,” Blanche explained. “Other actions would clearly violate the presidential immunity doctrine and supremacy clause.”
Trump lawyer calls for “immediate dismissal'' of high-handedness lawsuit, says election trumps political “motives''
Blanche continued, “Even if the court unfairly denies the new motion in the interest of justice, and it should not have done so, the appropriate forum for further proceedings is to first remove President Trump from office.'' The matter must be resolved on appeal,” he added.
If the court denies any aspect of the relief, including proceeding, Blanche will ask the court to halt enforcement of the judgment so that President-elect Trump has “sufficient time to pursue an appellate review.” He said he would request it.
Former President Trump (left) attends the first day of his trial at Manhattan Criminal Court in New York City on April 15. Judge Juan Marchand poses for a photo in his New York courtroom on March 14. (Angela Weiss/AFP, AP, via POOL/AP)
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.
Prosecutors demand that Trump's New York case be continued until 2029 as a “one-time” motion for dismissal of defense team
Marchan last week granted an extension of all deadlines related to Trump's conviction proceedings, including his Nov. 26 sentencing date, in the final weeks before Trump was sworn in as the 47th president.
Trump administration officials argued Tuesday that Mr. Bragg's request represented a “total failure of the prosecution” and interpreted the case to be “effectively over.”
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Meanwhile, Trump's lawyers had asked Marchand to overturn the guilty verdict entirely. of the United States Supreme Court A decision that effectively grants former presidents immunity from prosecution for their official actions while in office.
The Supreme Court's 6-3 ruling on presidential immunity comes against Trump in a separate federal lawsuit brought by Special Counsel Jack Smith related to the events of January 6, 2021, and any alleged efforts to overturn them. The matter arose from the charges brought against him. 2020 election results.
Mr. Trump has pleaded not guilty to all charges in the case.
