A New York judge has granted President Trump's request to file a motion to dismiss the case against him and indefinitely postponed his sentencing.
On Wednesday, Trump lawyers requested the dismissal of the case in a letter.
On Friday, Judge Juan Merchan granted President-elect Donald Trump's request to file a motion to dismiss the charges in New York v. Trump and removed the sentencing date for the president-elect from the schedule.
Trump attorneys have until December 2 to file their motion for dismissal, while Bragg has until December 9 to respond.
Trump's sentencing has been adjourned, as confirmed by Merchan, who was requested to do so by both Trump and Bragg attorneys. The original sentencing date was November 26.
On Wednesday, Todd Blanche, Trump's defense attorney and nominee for Deputy Attorney General, demanded the case against President-elect Trump be dismissed in a letter to Merchan.
""The mandate issued by the Nation's People on November 5, 2024, supersedes the political motivations of DANY's 'People,' and this case must be immediately dismissed," Blanche wrote."
Blanche stated that the immediate dismissal of this case is required by the federal Constitution, the Presidential Transition Act of 1963, and the interests of justice to facilitate the smooth transition of executive power after President Trump's victory in the 2024 presidential election.
On Wednesday, Blanche sent a pre-motion letter requesting permission to file a motion to dismiss by Dec. 20 and a stay on all deadlines, which Bragg and New York prosecutors had agreed to.
On Tuesday, Bragg sent a letter to Merchan requesting a stay on the case until 2029. Bragg stated that he would oppose Trump's motion to dismiss but would be open to hearing the defense argument.
Blanche argued that Bragg seems to be unwilling to dismiss the politically-motivated and flawed case, which is required by law and will occur as justice is served. Blanche highlighted Bragg's campaign for another term as Manhattan district attorney.
Blanche contended that proceeding with this case would be "uniquely destabilizing" and pose a "threat to the operation of the whole governmental apparatus, both in foreign and domestic affairs."
"Blanche stated that the Court must address new issues and dismiss the case before deciding on the Presidential immunity motion, as any other action would violate the presidential immunity doctrine and the Supremacy Clause."
Blanche stated that even if the Court mistakenly rejects the new interests-of-justice motion, which it should not do, the proper forum for any further proceedings must first be determined in President Trump's removal appeal.
If the court denies any aspect of relief, including by moving forward with any proceedings, Trump would request that the court stay the implementation of the ruling so that President Trump has "adequate time to pursue appellate review."
Trump was charged with 34 counts of falsifying business records in the first degree, which stemmed from an investigation led by former Manhattan District Attorney Cyrus Vance and was later prosecuted by Manhattan District Attorney Bragg.
In a historic six-week trial in New York City, the president was found guilty on all charges.
Trump's conviction proceedings against him were put on hold last week by Merchan, who granted a stay on all deadlines associated with the proceedings, including the Nov. 26 sentencing date.
On Tuesday, Trump officials contended that Bragg's request was a manifestation of "a complete failure of the prosecution" and viewed the case as effectively concluded.
Trump lawyers had requested that Merchan overturn the guilty verdict entirely, arguing that former presidents have substantial immunity from prosecution for official acts in office, as per the U.S. Supreme Court's decision.
The Supreme Court's ruling on presidential immunity was prompted by charges against Trump in a separate federal case brought by Special Counsel Jack Smith, which arose from the events on Jan. 6, 2021, and any alleged attempts to overturn the 2020 election results.
Trump pleaded not guilty to all charges in that case.
politics
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