A day after New York prosecutors announced they would oppose efforts to dismiss Donald Trump’s hush money conviction, the president-elect’s lawyers urged a judge to disregard the prosecutors and dispose of the case before Trump takes office in January.
In a letter to Judge Juan M. Merchan on Wednesday, Trump’s attorneys, Todd Blanche and Emil Bove, reiterated their argument that continuing with the case would interfere with Trump’s preparations for returning to the White House and hinder his ability to govern.
Blanche and Bove stated they would file official paperwork requesting the dismissal and asked Merchan to set a deadline of December 20, after Special Counsel Jack Smith’s team is expected to reveal the next steps in two federal cases against Trump.
The lawyers urged Merchan to respect the will of the voters who re-elected Trump, rather than the prosecutors, who represent the “People of the State of New York” in court proceedings. They warned that prolonged appeals, if the case is not urgently dismissed, could overlap with Trump’s second term.
“On November 5, 2024 the Nation’s People issued a mandate that supersedes the motivations of (the district attorney’s) ‘People,’” Blanche and Bove wrote.
“This case must immediately be dismissed.”
Trump has nominated both Blanche and Bove for high-ranking positions in the Justice Department.
In May, Trump was convicted of falsifying business records to cover up a scheme to influence the 2016 election by paying hush money to suppress a story about extramarital affairs, an allegation he denies.
In a court filing on Tuesday, the Manhattan district attorney’s office opposed any attempt to dismiss the case but signalled a willingness to delay Trump’s sentencing until after his second term.
D.A. Alvin Bragg’s office argued that Trump’s forthcoming presidency does not justify dropping a case already decided by a jury. However, prosecutors noted the need to balance competing constitutional interests, stating that “consideration must be given” to pausing the case and postponing sentencing until after Trump leaves office.
The prosecutors also proposed a faster schedule than the defense for addressing the dismissal request, asking the defence to submit its paperwork within a week or two, allowing a response by December 9.
Merchan has yet to set a timeline or announce when he will make a ruling. Meanwhile, the case is effectively paused, and Trump’s sentencing, originally scheduled for November 26, will not take place as planned.
If the case is dismissed, Trump’s conviction will be overturned. If the conviction stands and sentencing proceeds, Trump could face a fine, probation, or up to four years in prison.
Faridah Abdulkadiri
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