Lawyers of US president-elect Donald Trump have petitioned a judge to dismiss his conviction related to hush money payments to an adult film star, arguing that his presidential election victory necessitates dismissal of the case to maintain stability of government.
A letter submitted on Tuesday and released Wednesday shows Trump’s legal team requesting Justice Juan Merchan’s permission to present their formal arguments by December 20.
“Immediate dismissal of this case is mandated by the federal Constitution, the Presidential Transition Act of 1963, and the interests of justice, in order to facilitate the orderly transition of Executive power following President Trump’s overwhelming victory in the 2024 Presidential election,” Trump’s lawyers Todd Blanche and Emil Bove argued in the letter to state Judge Juan Merchan.
“Just as a sitting president is immune from any criminal process, so too is President Trump as President-elect,” the lawyers wrote.
The 78-year-old Trump’s sentencing, initially set for November 26, was suspended when Justice Merchan halted proceedings following a request from Manhattan district attorney Alvin Bragg’s office.
Bragg’s office opposes Trump’s request to dismiss the case, suggesting a pause until Trump completes his four-year presidential term beginning January 20, whilst not explicitly supporting this option.
Trump, who served as president during 2017-2021, seeks to commence his second term free from his four criminal cases, which critics suggested would hinder his 2024 White House campaign.
In May this year, Trump was found guilty of falsifying business records regarding a $130,000 payment his former solicitor Michael Cohen made to adult film actor Stormy Daniels before the 2016 election.
Daniels claims a sexual encounter with Trump, which he denies. This was the first time a US president had been convicted of a criminal offense.
Trump has pleaded not guilty and described the case as a politically motivated effort by Bragg, a Democrat, to interfere with his campaign. His lawyers said in their letter that continuing the case would “hamstring the operation of the whole governmental apparatus.”
The offence carries a maximum four-year prison sentence. Prior to his election, experts considered imprisonment unlikely, suggesting alternatives like fines or probation.
Trump’s victory over Kamala Harris on November 5 complicated potential sentencing options, as imprisonment or probation could interfere with presidential duties.
Trump faced three additional cases in 2023, including one regarding classified documents he kept after leaving office and two concerning his attempts to challenge the 2020 US presidential election results.
A federal judge in Florida dismissed the documents case in July. The Justice department is considering concluding the federal election case. The Georgia state case regarding election interference remains unresolved.
As president, Trump cannot terminate the New York or Georgia state cases, though his Justice department could end federal cases.
