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Trump Lawyers Push to Dismiss Hush Money Conviction Before Inauguration

Trump hush money case/ legal battle over Trump conviction/ Manhattan D.A. Alvin Bragg/ Judge Juan Merchan/ Trump presidency and legal challenges/ NEW YORK/ Newslooks/ J. Mansour/ Morning Edition/ President-elect Donald Trump’s lawyers have requested the dismissal of his hush money conviction, arguing it interferes with his ability to govern. Prosecutors oppose dropping the case but are open to delaying sentencing until after his second term. The judge has yet to rule on the matter.

Former President Donald Trump waits for the start of proceedings in Manhattan criminal court, Tuesday, April 23, 2024, in New York. Before testimony resumes Tuesday, the judge will hold a hearing on prosecutors’ request to sanction and fine Trump over social media posts they say violate a gag order prohibiting him from attacking key witnesses. (AP Photo/Yuki Iwamura, Pool)

Trump Hush Money Conviction: Quick Looks

  • Defense Request: Trump’s lawyers ask for dismissal before his January inauguration.
  • Prosecutors’ Stance: Oppose dismissal but open to delaying sentencing until after Trump’s presidency.
  • Legal Timeline: Judge Merchan has not set a deadline for rulings or further filings.
  • Potential Penalty: Conviction carries a range of punishments, from fines to up to four years in prison.
  • Political Context: Case highlights tensions between judicial proceedings and Trump’s return to the White House.

Trump Lawyers Push to Dismiss Hush Money Conviction Before Inauguration

Deep Look

President-elect Donald Trump’s legal team urged a New York judge on Wednesday to dismiss his hush money conviction, arguing that the case’s continuation would disrupt Trump’s transition to office and impede his ability to lead the country.

Trump’s lawyers, Todd Blanche and Emil Bove, filed the request with Judge Juan M. Merchan, calling the case “politically motivated and fatally flawed.” They contended that the November 5 election outcome, which returned Trump to the presidency, represented a voter mandate that should outweigh the prosecution’s case.


The Hush Money Case

Trump was convicted in May of falsifying business records to cover up a hush money payment made during his 2016 campaign to suppress allegations of extramarital sex. Trump denies the allegations.

If upheld, the conviction would mark the first of its kind for a former—and now future—U.S. president. Sentencing had been scheduled for November 26 but is now postponed indefinitely as legal proceedings continue.


Defense’s Argument

Blanche and Bove emphasized that the case poses a constitutional challenge, claiming it conflicts with Trump’s presidential duties. They proposed a December 20 deadline for filing dismissal paperwork, aligning with the timeline for anticipated updates from Special Counsel Jack Smith on Trump’s other legal challenges.

The lawyers urged the judge to prioritize the will of the voters over the prosecutors’ case, warning that continued litigation could result in prolonged appeals overlapping with Trump’s second term.

“On November 5, the Nation’s People issued a mandate that supersedes the motivations of (the district attorney’s) ‘People,’” the defense wrote in its filing.


Prosecutors Push Back

In a separate filing Tuesday, Manhattan District Attorney Alvin Bragg’s office rejected the notion of dismissal but acknowledged the complexities of prosecuting a sitting president.

Prosecutors proposed delaying sentencing until Trump leaves office, citing “the need to balance competing constitutional interests.” However, they requested an accelerated schedule for resolving the dismissal motion, suggesting Trump’s team submit paperwork within two weeks, followed by their response by December 9.

Bragg’s office maintained that the conviction, already decided by a jury, should stand regardless of Trump’s presidency.


Judge’s Decision Pending

Judge Merchan has not yet ruled on the defense’s request or set a timeline for further proceedings. The case remains in limbo, with its ultimate resolution likely to set a significant precedent in the intersection of law and executive power.


Looking Ahead

If the conviction is dismissed, it would erase the first criminal verdict against a former U.S. president. If it stands, Trump faces penalties ranging from fines or probation to a maximum of four years in prison.

As Trump prepares to return to the White House in January, the legal battle underscores the challenges of pursuing justice while balancing the responsibilities of the highest office in the nation.

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