Trump's Legal Battle: Calls for Case Dismissal Amid Presidential Immunity Claims
ICARO Media Group
**Trump Demands Fresh Dismissal of Case, Citing Presidential Immunity**
President-elect Donald Trump has called for the dismissal of his criminal conviction in New York, arguing that the ongoing case would impede his ability to govern as he prepares for his return to the White House.
In a letter addressed to New York Supreme Court Justice Juan Merchan, Trump's legal team argued for the "immediate dismissal" of his criminal case, which they claim is mandated by federal law, the Presidential Transition Act of 1963, and the principles of justice. The request comes in light of Trump's sweeping victory in the 2024 presidential election.
"The immediate dismissal of this case is mandated by the federal Constitution, the Presidential Transition Act of 1963, and the interests of justice," wrote Trump's attorneys, Todd Blanche and Emil Bove, in their two-page letter.
The case in question involves Trump's conviction on 34 felony counts of falsifying business records. Trump's defense asserts that his status as president-elect should make him immune from sentencing, similar to the immunity granted to sitting presidents under federal law.
Reports suggest that the Department of Justice is preparing to dismiss federal cases against Trump, with a decision expected by December 2, 2024. Trump's lawyers argue that the Manhattan District Attorney should follow suit. "Just as a sitting president is completely immune from any criminal process, so too is President Trump as president-elect," Blanche and Bove stated.
Despite these arguments, Manhattan District Attorney Alvin Bragg remains committed to holding Trump accountable. In a letter, Bragg acknowledged the complexity and unprecedented nature of the case but underscored the importance of the jury's role in the justice system.
"No case law suggests an incoming president is entitled to immunity from criminal prosecution that occurred when he was not in the White House," Bragg argued.
The legal battle stems from accusations that Trump orchestrated an illegal scheme to influence his 2016 presidential campaign by paying hush money to an adult film star. Trump was found guilty by a Manhattan jury in May and was initially scheduled for sentencing on November 26.
Retired Judge George Grasso, who observed Trump's trial, noted that Judge Merchan faces a difficult decision. Grasso suggested that a sentence of unconditional discharge might be one solution, allowing Trump to be convicted without hindering his presidency.
As Trump prepares to assume office, his legal team faces a challenging path ahead. Prosecutors may have to wait until Trump's term ends in 2029 to pursue sentencing, unless a compromise solution is reached.