The Call for Dismissal

In a bold move, President-elect Donald Trump’s legal team has formally requested the “immediate dismissal” of the case against him, which is being prosecuted by Manhattan District Attorney Alvin Bragg. Trump’s lawyers argue that the American public’s mandate to elect him for a second term in the November 2024 election should take precedence over Bragg’s purportedly politically motivated prosecution.

Arguments from Trump’s Legal Team

In a letter directed to Judge Juan Merchan, defense attorney Todd Blanche, who is also a nominee for Deputy Attorney General, contended that the election results have rendered the case obsolete. He stated, “On November 5, 2024, the Nation’s People issued a mandate that supersedes the political motivations of DANY’s ‘People’,” and called for the case to be dismissed swiftly.

Blanche’s letter articulates that dismissing the case is essential not only for upholding the federal Constitution and the Presidential Transition Act of 1963 but also for ensuring the smooth transition of executive power following Trump’s notable victory in the upcoming presidential election.

Legal Maneuvers and Court Proceedings

The pre-motion letter served a dual purpose: to request permission for filing a motion to dismiss by December 20, 2024, and to request a stay on all deadlines, which Bragg and his team have reportedly agreed to. Blanche pointed out that Bragg seems unprepared to dismiss what he labeled a “politically motivated and fatally flawed case,” especially given Bragg’s own aspirations for re-election as Manhattan District Attorney.

“Continuing with this case would be uniquely destabilizing,” Blanche wrote, arguing that it poses risks to the functioning of government on both domestic and international fronts. He urged the court to resolve these new considerations and dismiss the case before acting on a prior presidential immunity motion filed by Trump.

Prosecutor’s Response and Ongoing Developments

In a twist, Bragg sent a letter to Judge Merchan, requesting a stay on the case until 2029. He expressed willingness to consider the defense’s arguments but stated he would oppose Trump’s motion to dismiss the charges. Notably, Trump has pleaded not guilty to 34 counts of falsifying business records relating to alleged hush money payments, which stem from an investigation initiated by former Manhattan DA Cyrus Vance and subsequently taken over by Bragg.

Following a historic six-week trial, a jury found Trump guilty on all counts, but the legal contest continues. Trump’s legal team is now pushing for the reversal of the guilty verdict, citing the U.S. Supreme Court’s affirmation of substantial immunity for former presidents related to their official acts in office.

Presidential Immunity Argument

Judge Merchan has yet to make a decision regarding the immunity argument, which prosecutors expect to be part of the forthcoming defense motion for dismissal. Trump’s legal team asserts that several pieces of evidence presented during the trial were improperly admitted, as they pertain to “official acts.” This includes testimonies from key White House officials and actions taken during his presidency.

Blanche’s assertion is that the evidence brought forth from official acts contravenes the established doctrine of presidential immunity, which protects a sitting or former president from prosecution directly tied to their official responsibilities. “Because an indictment so tainted cannot stand, the charges must be dismissed,” he added.

The Broader Implications

The legal challenges facing Trump are significant not only for his political future but also for the general discourse surrounding presidential accountability. Critics argue that Trump’s legal battles may set a precedent for how subsequent administrations handle similar issues. With the backdrop of Bragg’s moves being interpreted by Trump’s team as an indication of prosecutorial failure, the implications for both the legal and political realms are vast.

Special Counsel Jack Smith’s investigations into Trump related to the events of January 6, 2021, and other allegations, are also working their way through the judicial system. Smith’s case regarding classified documents trends toward resolution as he wraps up proceedings against Trump. Early in 2023, a federal judge dismissed one of the charges against Trump, citing issues regarding the special counsel’s appointment.