US President-elect Donald Trump’s lawyers formally asks a judge to throw out his hush money criminal conviction, arguing that continuing the case would present unconstitutional “disruptions to the institution of the Presidency.“
In a filing made public today, Trump’s lawyers tell Manhattan Judge Juan Merchan that dismissal is warranted because of the extraordinary circumstances of his impending return to the White House.
“Wrongly continuing proceedings in this failed lawfare case disrupts President Trump’s transition efforts,” the attorneys continue, before citing the “overwhelming national mandate granted to him by the American people on November 5, 2024.”
Prosecutors have until December 9 to respond. They have said they will fight any efforts to dismiss the case but have indicated openness to delaying sentencing until after Trump’s second term ends in 2029.
Following Trump’s election victory last month, Merchan halted proceedings and indefinitely postponed his sentencing, previously scheduled for late November, to allow the defense and prosecution to weigh in on the future of the case. He also delayed a decision on Trump’s prior bid to dismiss the case on immunity grounds.
Trump has been fighting for months to reverse the conviction, which involved efforts to conceal a $130,000 payment to porn actor Stormy Daniels, whose affair allegations threatened to disrupt his 2016 campaign. He has denied any wrongdoing.
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