By Daily Mail (U.S.) | Created at 2024-11-20 17:40:56 | Updated at 2024-11-23 21:41:12
3 days ago
Donald Trump's attorneys are demanding that Judge Juan Merchan dismiss the Story Daniels hush money case outright.
They write that an 'immediate dismissal' is mandated by the 'federal Constitution, the Presidential Transition Act of 1963, and the interest of justice.'
It is necessary in order to ensure an 'orderly transition of power,' the filing went on.
Trump, 78, is set to be sworn in as the next commander-in-chief in just a few weeks on January 20, 2025.
In May, a New York jury found the now-incoming president guilty of 34 counts of falsifying business records to silence porn star Stormy Daniels ahead of the 2016 election.
On Tuesday, Trump's sentencing in the case scheduled for November 26 was called off as the court decides how to move forward after his astounding reelection victory.
He was facing up to four years in jail, though experts say the first-time offender would be unlikely to end up behind bars.
Meanwhile, Manhattan District Attorney Alvin Bragg has argued that the hush money case against President-elect Trump should proceed.
But he also stunningly acknowledged that his prosecutors may need to pause the case as Trump is set to enter the White House.
'We would not oppose [Trump's] request for a stay of further proceedings,' prosecutors wrote in a filing Tuesday.
On Tuesday, Trump's sentencing in the case was called off as the court decides how to move forward after his astounding reelection victory
Bragg writes that prosecutors 'deeply respect the office of the president, are mindful of the demands and obligations of the presidency, and acknowledge that defendant's inauguration will raise unprecedented legal questions.'
The case could be delayed until after Trump exits the White House in four years or be dismissed outright.
The Trump team immediately declared victory after the DA's admission.
'This is a total and definitive victory for President Trump and the American People who elected him in a landslide,' Communications Director Steven Cheung said.
'The Manhattan DA has conceded that this Witch Hunt cannot continue. The lawless case is now stayed, and President Trump's legal team is moving to get it dismissed once and for all.'
Judge Juan Merchan is currently weighing whether the Supreme Court's historic presidential immunity decision and the presidential election outcome applies to the case, and has not yet made a determination on pausing the proceedings.
Donald Trump 's sentencing in his New York hush money case has been called off as the court decides how to move forward
In May, a New York jury found the now-incoming president guilty of 34 counts of falsifying business records to silence porn star Stormy Daniels in 2016
Attorneys for the president-elect argue that the the case should be dismissed outright.
In a filing last week, Trump lawyers Todd Blanche and Emil Bove called for a stay and dismissal of the case.
They said that it creates 'impediments' to Trump's ability to govern among other issues.
Trump ally Sen. Ted Cruz, R-Texas, has called Merchan's delay on dismissing the case an 'abuse of power.'
'President Trump has filed a motion to dismiss his criminal conviction and the Manhattan prosecutor, instead of agreeing to that, has suggested to the judge, no, no, don't dismiss it,' he said on his podcast Verdict.
'Just put it on hold for four years. Just freeze it, don't sentence him. Just leave the conviction hanging out there. And I gotta say, look, unprecedented doesn't begin to describe it. It is an absolute abuse of power.'
Merchan is expected to make a decision on the Trump team's argument that the former president's conduct is entitled to immunity protections following the ruling.
The 6-3 ruling by the Supreme Court's conservative majority came in July, after the trial.
The ruling stated that the President of the United States has immunity from prosecution for official acts in office.
'The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law,' the justices led by Chief Justice John Roberts wrote in the majority.
'But under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts. That immunity applies equally to all occupants of the Oval Office.'
Trump celebrated the decision, writing on Truth Social: 'Big win for our constitution and democracy. Proud to be an American!'
Trump's team has already used the ruling, which sets out sweeping areas of 'official' conduct that is protected from prosecution while a president is in office, to argue the case should be tossed out.
Among the evidence shown at trial were White House meetings between Trump and former fixer Michael Cohen, who was a star witness for the prosecution.
Stormy Daniels was at the center of the hush money trial that went down in the spring
Daniels alleged that she and Trump had sex, which he has denied
It comes as Manhattan DA Alvin Bragg had a November 19 deadline to argue how the case against the president-elect should proceed
Trump has picked his personal criminal defense lawyers to lead the Justice Department
Cohen was seeking reimbursement for 'hush' payments paid to porn star Stormy Daniels. Cohen paid the porn star $130,000 weeks before the 2016 election and got reimbursed.
Daniels alleged that she and Trump had sex a decade earlier, which he has denied.
Meanwhile, Trump has picked his personal criminal defense lawyer Todd Blanche as his Deputy Attorney General and added other attorneys who have represented him to senior Department of Justice positions.
Blanche, who defended the 78-year-old in his New York hush-money trial, would be Matt Gaetz's No. 2 at the Department of Justice and head day-to-day operations.
'I am pleased to announce that Todd Blanche will serve as Deputy Attorney General in my Administration,' Trump announced Thursday evening.
'Todd is an excellent attorney who will be a crucial leader in the Justice Department, fixing what has been a broken System of Justice for far too long.'
Trump touted the 50-year-old's experience in prosecuting gangs and the fact he stood by his side during the Manhattan case where he was found guilty of 34 counts of falsifying business records.
Trump has picked his personal criminal defense lawyer Todd Blanche (right) as his Deputy Attorney General
Emil Bove (left), another attorney on the hush money trial team, was given the role of principal associate deputy attorney general
Emil Bove, another attorney on the hush money trial team, was given the role of principal associate deputy attorney general.
John Sauer, the lawyer in Trump's Supreme Court immunity case, was chosen as solicitor general.
The president-elect made the moves as Republicans appeared increasingly skeptical that Gaetz's nomination could make it through the Senate.
Attorneys for the president-elect had argued that the the case should be dismissed outright
Gaetz had been the subject of a years-long House Ethics Committee probe that ended Wednesday after his abrupt resignation from Congress, one day after Trump shockingly nominated him to be the top law enforcement official in the nation.
His exit comes as allegations resurfaced Thursday about a woman who reportedly testified to the committee that Gaetz had sex with her when she was 17.
The FBI had investigated similar claims against Gaetz, but the DOJ opted not to indict him over claims he sex trafficked a minor.
Trump's pick of the embattled former congressman to oversee the Justice Department, FBI, DEA, ATF and related agencies has shocked Republicans and Democrats.
And the bombshell claims could derail his hopes of taking the helm as attorney general.
