(NEW YORK) — President-elect Donald Trump’s criminal hush money conviction in New York must be dismissed “to facilitate the orderly transition of Executive power,” Trump’s defense attorneys argued Wednesday in a letter to the court.
Defense attorneys Todd Blanche and Emil Bove — both of whom Trump nominated last week to top DOJ posts in his new administration — sought the judge’s permission to file a motion to dismiss the case.
“Continuing with this case would be uniquely destabilizing,” the defense letter argued. “Just as a sitting President is completely immune from any criminal process, so too is President Trump as President-elect.”
The defense filing comes one day after Manhattan District Attorney Alvin Bragg opposed dismissing the case but consented to freeze of all remaining proceedings, including sentencing, until after Trump completes his term.
The defense sought a Dec. 20 deadline to file its motion to dismiss Trump’s 34-count felony conviction for falsifying business records.
Blanche and Bove said that would give Trump time to address “the positions taken by DOJ in the federal cases” Trump faces over the his election interference efforts and his handling of classified documents.
Both of the federal cases are currently paused while the Justice Department evaluates how to proceed.
Trump was convicted in May of all 34 felony counts of falsifying business records related to a hush money payment to adult film actress Stormy Daniels to silence allegations about a 2006 sexual encounter with Trump in order to boost his electoral prospects in the 2016 presidential election.
His conviction carries a maximum penalty of up to four years in prison, but first-time offenders would normally receive a lesser sentence.
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