Summary:
Trump's legal team filed a motion to immediately dismiss the New York v. Trump case.
The motion cites presidential immunity, the Presidential Transition Act, and the Supremacy Clause.
The team uses President Biden's pardon of Hunter Biden as evidence of political bias in the DOJ.
The legal filing criticizes the case's weak legal basis and DA Bragg's handling of it, linking it to political motivations.
The motion argues that continuing the case disrupts Trump's transition and threatens the functioning of the federal government.
Trump's Legal Team Demands Immediate Dismissal of NYC Case
Lawyers for President Trump have filed a motion to immediately dismiss the charges against him in the New York v. Trump case, calling it "failed lawfare" that "should never have been brought." The motion, submitted to the court on Monday, cites presidential immunity, the Presidential Transition Act, and the Supremacy Clause as reasons for dismissal.
<img src="https://a57.foxnews.com/static.foxnews.com/foxnews.com/content/uploads/2024/11/1200/675/donald-trump-todd-blanche.jpg?ve=1&tl=1" alt="Donald Trump and Todd Blanche">The legal team's argument centers around President Biden's pardon of his son, Hunter Biden. They argue that Biden's comments about the pardon—describing his son as "selectively, and unfairly, prosecuted" and stating that "raw politics has infected this process"—amount to a condemnation of the Department of Justice (DOJ). They contend that the DOJ oversaw politically motivated investigations targeting President Trump, further supporting their claim of bias.
The motion also highlights the case's purportedly weak legal foundation, stating it relies on "a contrived, defective, and unprecedented legal theory" concerning documents from 2017. It criticizes Manhattan District Attorney Bragg's handling of the case, suggesting his focus on this matter distracts from addressing pressing violent crime issues in New York City. The attorneys argue the case was politically motivated, aiming to undermine Trump's political standing.
Furthermore, they assert that continuing the case disrupts Trump's transition efforts and his ability to utilize executive power, violating the Supremacy Clause. They reference the Supreme Court's presidential immunity ruling, emphasizing the case's threat to the federal government's functioning.
<img src="https://a57.foxnews.com/static.foxnews.com/foxnews.com/content/uploads/2024/05/1200/675/AP24146728222592.jpg?ve=1&tl=1" alt="Merchan in New York chambers">The filing comes after a federal judge dismissed charges against Trump in a separate case, and Bragg's request to stay the New York case until the end of Trump's potential second term. Trump's legal team dismisses this suggestion as unreasonable, given the length of the investigation.
<img src="https://a57.foxnews.com/static.foxnews.com/foxnews.com/content/uploads/2024/11/1200/675/donald-trump-west-palm-beach-fl-nov.-6-2024-scaled.jpg?ve=1&tl=1" alt="Donald Trump waves to supporters in West Palm Beach, Florida.">Trump was previously found guilty on all 34 counts of falsifying business records in the first degree.
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