Lawyers for Donald Trump have filed their motion to dismiss Alvin Bragg's "business records" case.
The 72-page filing argues that Trump's conviction must be thrown out after his re-election victory sent him back to the White House. Despite Trump's win, Bragg has asked the judge to delay the sentencing until after Trump leaves office in 2029.
In their dismissal motion, Trump lawyers Todd Blanche and Emil Bove argued that Bragg's continued prosecution efforts interfere with the transfer of power and Trump's mandate to govern the nation.
Trump's lawyers pointed to Special Counsel Jack Smith, who dropped his two federal cases against Trump, as proof that Bragg's efforts cannot continue.
While moving to dismiss, Smith conceded that the Constitution requires Trump to be free and clear before his inauguration. As Smith put it, "the President must not be unduly encumbered in fulfilling his weighty responsibilities" to the nation.
Applying the same logic to Bragg's case, Trump's team argued that failure to dismiss would expose Trump to "unacceptable burdens and distractions" during his time in office.
They argued that Bragg had created an unconstitutional "nightmare scenario" with his attempt to leave a criminal conviction hanging over the head of a future president who won a resounding national mandate.
"Burdening the Presidency with a biased prosecution by a local prosecutor would be not only unconstitutional, but also unbearably undemocratic to the people of this country who chose President Trump as their leader," they wrote.
In summary, Trump's lawyers argued the Supremacy Clause, the immunity doctrine, and the Presidential Transition Act all require dismissal.
They also cited President Biden's pardon of his son Hunter, in which Biden ironically accused his own Justice Department of political targeting.
"Since DA Bragg took office, he has engaged in “precisely the type of political theater” that President Biden condemned," Trump's attorneys wrote.
The case "should never have been brought, particularly during a period when DA Bragg’s failure to protect this City from pervasive violent crime frightens, threatens, and harms New Yorkers on a daily basis," they said.
After Trump's historic re-election win, Judge Juan Merchan postponed the sentencing indefinitely and granted Trump's lawyers permission to make their case for dismissal by December 2. Bragg has until December 9 to respond to Trump's motion.
Trump's incoming White House communications director, Steve Cheung, urged Merchan to "do the right thing and end what remains of this charade immediately, rightfully allowing our country to unite behind President Trump for the betterment of all Americans."
