Donald Trump’s lawyers are calling for the judge presiding over his New York money trial to be fired immediately, saying he would “destabilize the country” if he does not do so.
“Immediate dismissal of this case is required by the federal Constitution, the Presidential Transition Act of 1963, and the interests of justice to facilitate an orderly transition of executive power following President Trump’s landslide victory in the 2024 presidential election,” attorneys Todd said. Blanche and Emile Bove argued in a letter to judge Juan Mercana, which was made public Wednesday. The letter also cited presidential immunity as a reason for dismissing the case and noted that Trump was already protected by it.
The “Constitution” prohibits plac[ing] It should put the practical power to interfere with the ability of the elected President to perform his constitutional functions in the hands of a single prosecutor and grand jury,” the letter said, citing a memo from the Department of Justice’s Office of General Counsel. lawyers’ own new legal argument. The letter reads: “A sitting president is completely immune from any criminal prosecution, as is President-elect President Trump.
The attorneys have asked to file a motion to explain why the case should be dismissed by Dec. 20, a timetable that would make it very difficult to convict Trump before he takes office. Lawyers argued that he could not be punished while in office because it would interfere with his constitutional duties.
Trump was indicted earlier this year on 34 counts of falsifying business records related to a hush money payment to veteran film actor Stormy Daniels. He was due to be sentenced on November 26, but a judge stayed all terms in the case last week after prosecutors said they needed time to consider how they would proceed in light of Trump’s election victory.
In a letter to the judge on Tuesday, prosecutors from Manhattan District Attorney Alvin Bragg’s office said they would not object to a delay in sentencing while Trump’s attorneys present additional legal arguments asking for the case to be dismissed.
They said they would challenge efforts to overturn the lawsuit, but agreed the situation was unprecedented.
“The people deeply respect the Office of the President, consider the demands and responsibilities of the presidency, and recognize that the inauguration of the defendant will raise unprecedented legal questions,” they said. is our constitutional system”.
The judge has not yet ruled on the motion.