Donald Trump's lawyers have asked the judge in his New York criminal case for an "immediate dismissal" in light of his resounding re-election victory.
The request comes after Manhattan prosecutor Alvin Bragg (D) asked for a pause in the sentencing until Trump's second term in office expires in 2029.
In a letter to Judge Merchan, lawyers Todd Blanche and Emil Bove argued that the Constitution forbids Bragg from interfering with the functions of a "popularly elected president."
"Immediate dismissal of this case is mandated by the federal Constitution, the Presidential Transition Act of 1963, and the interest of justice, in order to facilitate the orderly transition of Executive power following President Trump's overwhelming victory in the 2024 Presidential election," the lawyers wrote.
In their letter to Merchan, Trump's lawyers noted that the Justice Department has already moved to drop its two federal cases against Trump, who cannot be prosecuted as a sitting president. The same principle applies to Trump as a president-elect, his lawyers said.
The case must be thrown out to preserve the orderly transfer of power and Trump's ability to govern "fearlessly," his lawyers argued.
"The Constitution forbids ‘plac[ing] into the hands of a single prosecutor and grand jury the practical power to interfere with the ability of a popularly elected President to carry out his constitutional functions,'” Bove and Blanche wrote.
Trump's team asked Merchan to let them file a motion for dismissal on December 20. The judge has already paused Trump's Nov. 26 sentencing.
"On November 5, 2024, the Nation’s People issued a mandate that supersedes the political motivations of DANY’s ‘People,’" Blanche wrote. "This case must be immediately dismissed."
In the wake of Trump's re-election, even Bragg's star witness, former Trump attorney Michael Cohen, has said it's time to let the case go.
But Bragg isn't giving up. The leftist prosecutor has asked Merchan to delay the sentencing until 2029 - suggesting Bragg is prepared to wait out Trump's presidency and seek to jail him when he returns to being a private citizen, at the age of 82.
At its core, the argument from Trump's legal team is simple: the people have effectively exonerated Trump by re-electing him. They knew that Trump was a "convicted felon" and they chose to send him to the White House anyway, with a resounding mandate.
For Bragg to now attempt to overturn that mandate is completely unacceptable - indeed, it's an attack on our constitutional system.
It is time for Merchan to face reality and end this witch hunt once and for all.
