Trump lawyers demand judge ‘immediately’ throw out ‘hush money’ case — claiming it’s unconstitutional

By New York Post (Politics) | Created at 2024-11-20 16:16:43 | Updated at 2024-11-23 10:06:37 2 days ago
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Donald Trump’s lawyers are demanding that the Manhattan judge in his hush money case “immediately” toss his conviction — claiming that it’s unconstitutional to prosecute a president-elect.

“Immediate dismissal of this case is mandated by the federal Constitution, the Presidential Transition Act of 1963, and the interests of justice, in order to facilitate the orderly transition of Executive power following President Trump’s overwhelming victory in the 2024 Presidential election,” attorneys Todd Blanche and Emil Bove wrote in a letter made public Wednesday.

“Just as a sitting President is completely immune from any criminal process, so too is President Trump as President-elect,” the lawyers added.

Donald Trump with attorneys Todd Blanche and Emil Bove attends his criminal trial at Manhattan Criminal Court on May 29, 2024 in New York City.Donald Trump with attorneys Todd Blanche and Emil Bove attends his criminal trial at Manhattan Criminal Court on May 29, 2024 in New York City. Getty Images

The renewed push to reverse Trump’s guilty verdict comes after Manhattan District Attorney Alvin Bragg suggested Tuesday that the case be frozen until after Trump’s second term, in 2029.

Bragg refused to agree to Trump’s demand that prosecutors drop the case in light of him winning the presidency.

Trump’s lawyers took several jabs in their letter at Bragg, an elected Democrat who is running for re-election in 2025.

Judge Juan M. Merchan had rejected Trump's request for a new judge in his New York hush money criminal case.Judge Juan M. Merchan had rejected Trump’s request for a new judge in his New York hush money criminal case. AP

“As DA Bragg engages in his own election campaign, DANY appears to not yet be ready to dismiss this politically-motivated and fatally flawed case, which is what is mandated by the law and will happen as justice takes its course,” the lawyers claimed.

It was not immediately clear Wednesday morning when Manhattan Supreme Court Justice Juan Merchan was expected to respond to the letter.

Trump was convicted in May on 34 counts of falsifying business records related to a hush money payment made to former porn star Stormy Daniels.

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