The Trump legal team is battling to dismiss a Manhattan case against him by invoking presidential immunity, and waiting for the judge’s decision.
At a Glance
- Trump’s attorneys filed a motion to dismiss using presidential immunity clauses.
- The motion opposes prosecuting a sitting president, urging dismissal before inauguration.
- The legal team cites selective prosecution, referencing President Biden’s actions.
- Prosecutors have until December 9 to counter the dismissal motion.
Presidential Immunity and Legal Strategies
Trump’s legal team, confident in their argument, filed a motion to dismiss the Manhattan business records case. The defense cites the “Presidential immunity doctrine, the Presidential Transition Act, and the Supremacy Clause.” They argue that the Constitution’s provisions protect sitting presidents from prosecution, positioning the dismissal as essential before Trump’s potential inauguration.
The defense emphasizes that prosecuting Trump contradicts the Constitution’s safeguards meant to prevent legal distractions for presidents. They reference President Biden’s pardon of his son, Hunter, using it as an example of selective prosecution, indicating disparate treatment toward Trump.
Upcoming Legal Responses and Implications
Prosecutors face a December 9 deadline to respond, with expectations of opposing the dismissal. Trump’s lawyers insist that removing the legal obstacles is vital for focusing on national issues and ensuring public safety in New York City. The case, if dismissed, would eradicate a considerable legal impediment for Trump, enabling a smoother Presidential Transition process as per their argument.
Trump’s attorneys, Todd Blanche and Emil Bove, contend in the 72-page dismissal motion that the “Presidential immunity doctrine, the Presidential Transition Act, and the Supremacy Clause” require the case’s dismissal and the verdict to be vacated “immediately.”
A dismissal would not only nullify the conviction related to falsifying business records but also bolster Trump’s claim of an “overwhelming national mandate” from the 2024 election. His team argues that genuine efforts to dismiss the charges are justified to prioritize governance.
Trump Lawyers Call for ‘Immediate Dismissal’ of Manhattan Business Records Casehttps://t.co/Et0Ro02lTd pic.twitter.com/9UIkUrtXJ3
— ✨Rojas✨ (@mcucolo57) November 21, 2024
Judicial Decisions and Future Strategies
Justice Juan Merchan holds the responsibility of making a decision without a set timeframe, yet anticipations pin a prompt response. Trump’s team is geared to appeal if the case persists, drawing from Supreme Court rulings on ex-presidents’ prosecution to underpin their argument.
“Wrongly continuing proceedings in this failed lawfare case disrupts President Trump’s transition efforts,” as argued by Donald Trump’s lawyers.
As Special Counsel Jack Smith withdraws similar federal indictments, citing DOJ policy, Trump’s legal narrative leans heavily on contrasting judicial practices and criticism of the case’s nature. If unresolved, the case challenges Trump’s unprecedented presidency path.
