Lawyers for President-elect Donald Trump filed a motion Monday to dismiss a Manhattan business records case, potentially reaching the final stage in an unprecedented prosecution of the former president.
In their 72-page motion to dismiss, Trump's lawyers Todd Blanche and Emile Bove argue that “the Presidential Immunity Doctrine, the Presidential Transition Act, and the Supremacy Clause” allow the dismissal of the case and the verdict to be “immediate.” '' is requested to be revoked.
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In their filing, Blanche and Bove cited positions taken last week by Special Counsel Jack Smith in two federal cases filed by the Department of Justice (DOJ) against Trump.
Notably, Mr. Smith filed a motion to dismiss the election interference case and took similar steps to end the documents case, since the Constitution does not allow prosecution of the president. These movements signal Smith's surrender.
Blanche and Bove argued that presidential immunity requires removal from office, pointing to the reasoning in Smith's motion to dismiss the election interference case:
At the end of last month, SCO [the special counsel’s office] “The Constitution's prohibition on federal indictments and prosecutions of sitting presidents” is “categorical,” and the Justice Department's position that Smith's politically motivated prosecution of President Trump “needs to be dismissed in advance.” Confirmed. [President Trump] has been launched. ” Former. 61 at 1. The SCO agreed with President Trump that “the president should not be unduly burdened in carrying out his heavy responsibilities.'' . . ” Ibid. In 2-3.
Incoming White House communications director Stephen Chan said in a statement that Blanche and Bove had filed a “strong motion” to end the case.
“President Trump and his legal team have filed a strong motion to reject once and for all the unconstitutional and politically motivated Manhattan Police Department's disinformation,” Chan said, adding:
This lawless lawsuit should never have been filed, and the Constitution requires its immediate dismissal. Because President Trump must be allowed to continue the presidential transition process and carry out his important duties as president, unhindered by the fallout from this incident or anything else. Other witch hunts.
Cheung emphasized that all eyes are now on Judge Juan Merchan.
“Today's motion requires Judge Marchan to do the right thing, immediately end what remains of this travesty, and do whatever it takes to legitimately enable our country to unite behind President Trump for the betterment of all Americans.” “It offers possibilities,” he said.
In granting Blanche and Bove's request to file a motion to dismiss on Nov. 22, Marchan gave a deadline of Dec. 2 and a deadline of Dec. 9 for Manhattan District Attorney Alvin Bragg's office to respond. did.
Mr. Bragg's office is seeking a four-year freeze on the case until President Trump leaves office, and must respond by Monday evening.
The case is People vs. TrumpNo. 71543/23, New York County Supreme Court.
