The lawyers submitted their motion to dismiss on Monday, Dec. 2, arguing that the New York v. Trump case is politically motivated and lacks legal foundation. They cited constitutional principles, including the Supremacy Clause and the Presidential Transition Act, to support their claim. Given this, the lawyers pointed out that Bragg's prosecution of the president-elect represents a "failed lawfare" effort.
"President Donald J. Trump respectfully submits this motion to dismiss the indictment and vacate the jury's verdicts," the motion read. "This case is based on a contrived, defective and unprecedented legal theory relating to 2017 entries in documents maintained hundreds of miles away from the White House."
Trump's lawyers added that the charges against the real estate mogul lacked "aggravating factors" and were influenced by the Manhattan DA's alleged misconduct. Furthermore, they argued that Bragg's pursuit of the case disrupted Trump's transition to office after his landslide victory in last month's presidential elections.
They pointed to the U.S. Supreme Court's ruling on presidential immunity, which protects sitting presidents from prosecution for official acts, as further grounds to dismiss the case. They likewise slammed Bragg's attempt to stay the case until after Trump ended his second term as president, a move they dubbed as unconstitutional.
"The federal Constitution is an absolute legal impediment to further proceedings. Bragg's actions threaten the balance of power in the Republic and violate the Supremacy Clause," the filing continued. "This case never should have been brought, and continuing it poses enduring consequences to the balance of power and public trust in the justice system."
Trump's lawyers highlight Hunter Biden's pardon
The motion heavily referenced outgoing President Joe Biden's pardon of his son Hunter Biden, which was issued a day before the motion was filed. The "full and unconditional" pardon issued Sunday, Dec. 1, exonerated the presidential son of all past and potential crimes.
According to Trump's lawyers, the elder Biden labeled his son's prosecution as "selective and unfair," accusing the Department of Justice (DOJ) under U.S. Attorney General Merrick Garland of engaging in politically driven actions. "President [Joe] Biden's comments amount to an extraordinary condemnation of his own DOJ," they wrote.
"President Biden argued that 'raw politics has infected this process and it led to a miscarriage of justice.' [But] this is the same DOJ that coordinated and oversaw the politically motivated, election interference witch hunts targeting [President-elect] Trump by disgraced Special Counsel Jack Smith, the other biased prosecutors … and others. This is [also] the same DOJ that sent Matthew Colangelo to Bragg to help unfairly target [President-elect] Trump in this empty and lawless case."
According to YourNews, Bragg's prosecution of Trump stemmed from the real estate mogul's alleged falsification of business records to conceal hush money payments to adult film actress Stormy Daniels (born Stephanie Clifford). While Trump entered a not-guilty plea, a jury convicted him on 34 counts following a six-week trial that the president-elect's attorneys claim is flawed and politically motivated. But following Trump's landslide win in last month's elections, Judge Juan Merchan of the New York State Supreme Court suspended the real estate mogul's sentencing indefinitely. (Related: Donald Trump found GUILTY on all 34 charges in blatantly rigged New York trial, could be sentenced to 20 years in prison.)
The motion filed Monday follows a series of recent legal victories for the president-elect, YourNews continued. Last month, U.S. District Judge Aileen Cannon dismissed charges in Smith's 2020 election interference case against Trump. She also previously threw out Smith's classified documents case against Trump, citing the special counsel's unlawful appointment.
Trump.news has more stories about the president-elect's ongoing legal battles.
Watch David Schoen, Trump's impeachment lawyer, warning that Judge Juan Merchan wants to hang the hush money case over the president-elect's head in this clip from Newsmax.
This video is from the NewsClips channel on Brighteon.com.
More related stories:
Special Counsel Jack Smith DROPS election interference case against Trump.
Trump moves to overturn Manhattan conviction following SCOTUS immunity ruling.
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