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Trump Legal Team Seeks Dismissal Of Manhattan Business Records Case

 November 21, 2024
Lawyers for President-elect Donald Trump are pushing to dismiss a business records case in Manhattan, citing his forthcoming presidential status as a basis for immunity.Donald Trump's attorneys argue that his presidential transition is jeopardized by the ongoing Manhattan case, Breitbart reported.

On a recent legal front, President-elect Trump’s defense team, including attorneys Todd Blanche and Emil Bove, has filed a request for a December 20 deadline to submit a motion aiming to dismiss the charges brought against him in New York. Meanwhile, this move comes as both lawyers prepare to assume significant roles in Trump's Justice Department.

Blanche and Bove argue that federal courts have halted similar cases after Trump’s electoral victory, suggesting that the Manhattan business records case should also be dismissed.

Furthermore, they emphasize that the Constitution protects a sitting or newly elected president from criminal prosecution, claiming that such proceedings would hinder his ability to fulfill presidential duties.

Legal Team Cites Presidential Transition Act in Defense

The defense has bolstered its argument with references to the Presidential Transition Act, particularly emphasizing the need for a smooth transition of executive power with minimal disruptions.

Furthermore, Trump's attorneys argue that continuing with the case could not only impede this transition but also potentially threaten national security by destabilizing government operations.

In addition, Blanche and Bove outline in their legal submissions a scenario where the court could either dismiss the case or stay it pending decisions from appellate courts. This strategic legal move aligns with the Department of Justice's impending review of federal cases against Trump, expected by December 2, 2024.

Notably, the defense's request for a December 20 deadline coincides with this DOJ review, aiming to synchronize their efforts with broader federal legal proceedings involving the president-elect.

Manhattan DA Proposes Freeze on Sentencing

In response to the defense's aggressive strategy, Manhattan District Attorney Alvin Bragg has put forward a proposal to freeze any sentencing against Trump for up to four years. This offer is seen by Trump’s team as an indirect acknowledgment of the challenging position the prosecution finds itself in.

Cheung, the incoming White House Communications Director, has called these developments a "total and definitive victory" for Trump. He described the Manhattan District Attorney's concession as a sign that the "Witch Hunt" against Trump is reaching an untenable point.

Quotes Reflect Confidence in Trump’s Legal Strategy

Quoting directly from the attorneys' letter, “The Constitution forbids ‘placing 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,'” showcasing their constitutional defense for dismissing the case.

"However, DOJ is reportedly preparing to dismiss the federal cases against President Trump, and will report its final decision to federal courts on December 2, 2024. As in those cases, dismissal is necessary here," Blanche and Bove argued in their written statement.

Cheung further stated, “This is a total and definitive victory for President Trump and the American People who elected him in a landslide,” emphasizing the political and public mandate that they believe supports Trump’s legal dismissal. In addition, he highlighted the significance of this victory in reinforcing Trump’s position and the broader public support behind his legal challenges.

Public and Legal Outcomes Pending Judicial Decision

As the December deadlines approach, the public and the legal community closely watch Judge Merchan's anticipated ruling on the motion to dismiss. These legal battles will significantly influence the initial phase of Donald Trump's presidency, particularly in shaping his approach to ongoing legal challenges.

The cases, titled People v. Trump, No. 71543/23 in the Supreme Court of New York County, and New York v. Trump, No. 24-2299 in the U.S. Court of Appeals for the Second Circuit, remain pivotal in the broader narrative of Trump's ascent to the presidency.

The ultimate decisions will likely resonate beyond the courtroom, affecting both Trump’s ability to govern and the national political climate as he prepares to take office.