Trump’s legal team makes a significant move to dismiss the Manhattan business records case, but the outcome remains uncertain.
At a Glance
- Trump’s attorneys filed a motion to dismiss the Manhattan business records case, invoking presidential immunity.
- The motion argues that prosecuting a sitting president contradicts constitutional provisions.
- Justice Juan Merchan will decide, with a response due from the DA by December 9.
- Dismissal would alleviate a potential legal burden on Trump.
Legal Arguments on Presidential Immunity
In a profound legal maneuver, Donald Trump’s attorneys have filed for dismissal of the business records case in Manhattan. They assert that the “Presidential immunity doctrine, the Presidential Transition Act, and the Supremacy Clause” protect Trump from such indictments. This legal stance aligns with arguments presented in federal cases and hinges on restrictions against prosecuting a sitting president.
The defense references the presidential pardon of Hunter Biden, alleging selective prosecution in Trump’s case. Trump’s legal team insists the dismissal will enable Trump to prioritize national issues without legal distractions.
The Case Against Dismissal
Manhattan District Attorney Alvin Bragg’s office has until December 9 to present counterarguments to the motion. Prosecutors plan to oppose the dismissal, striving to maintain the case which includes Trump’s conviction on 34 counts related to falsifying business records. A dismissal would remove a considerable obstacle for Trump, affecting his prospects as he resumes presidential duties.
“President Biden asserted that his son was ‘selectively, and unfairly, prosecuted,’ and ‘treated differently,’” Trump’s legal team commented on the differences in handling high-profile cases.
Should the case proceed, the consequences for Trump are significant, with possible penalties varying, although jail time remains unlikely for a first-time conviction on these charges.
The Implications of Dismissal
An outright dismissal would not only facilitate Trump’s transition but potentially cleanse his criminal record and remove threats of substantial penalties. If the verdict withstands, appeals are likely based on a Supreme Court ruling that precludes prosecuting ex-presidents for official acts. Justice Juan Merchan’s decision in the People v. Trump case is pivotal, both legally and politically impacting Trump’s trajectory.
Trump Lawyers Call for ‘Immediate Dismissal’ of Manhattan Business Records Casehttps://t.co/Et0Ro02lTd pic.twitter.com/9UIkUrtXJ3
— ✨Rojas✨ (@mcucolo57) November 21, 2024
“Wrongly continuing proceedings in this failed lawfare case disrupts President Trump’s transition efforts,” as stated by Trump’s legal team.
Trump’s lawyers emphasize on the unnecessary roadblock these proceedings represent. Ultimately, whether a dismissal will be granted remains to be determined by the judicial process and its interpretations of constitutional protections.
