Trump’s Lawyers Demand Immediate Dismissal of Hush Money Case – Are Presidential Immunity Claims the Game-Changer?

Donald Trump’s legal team is calling for the immediate dismissal of his New York hush money case, arguing that proceeding with the matter would be “uniquely destabilizing to the country” in the wake of his 2024 presidential election victory.

In a letter addressed to state Judge Juan Merchan, attorneys Todd Blanche and Emil Bove asserted that the case should be thrown out based on constitutional principles, the Presidential Transition Act of 1963, and the broader interests of justice. They emphasized that dismissing the case is essential for facilitating the peaceful transition of executive power.

“Presidential Immunity and Executive Functions”

The attorneys argued that Trump, as President-elect, is shielded by presidential immunity, citing a Department of Justice Office of Legal Counsel memo. “The Constitution forbids ‘plac[ing] into the hands of a single prosecutor and grand jury the practical power to interfere with the ability of a popularly elected President to carry out his constitutional functions,’” they wrote.

They further claimed that the same immunity granted to a sitting president extends to Trump as President-elect, making him immune from criminal proceedings.

Postponing Sentencing

Trump was convicted earlier this year on 34 counts of falsifying business records tied to a hush money payment to adult film actor Stormy Daniels. Sentencing was initially set for next Tuesday, but Judge Merchan paused all deadlines last week after prosecutors requested additional time to assess how Trump’s election victory might affect the case.

Blanche and Bove also requested until December 20 to file a formal motion outlining their arguments for dismissal. They contended that sentencing Trump after he assumes office would conflict with his constitutional duties, making a delay or dismissal necessary.

Implications of the Case

The hush money case is one of several legal battles Trump faces, even as he prepares to return to the White House. While Trump’s attorneys argue that allowing the case to proceed would undermine the presidency, critics suggest that dismissing it could set a precedent for future elected officials to evade accountability.

The case has ignited a broader debate over the balance between the rule of law and the protections afforded to elected officials, as Trump’s defense strategy signals a willingness to test the boundaries of constitutional interpretation.

Judge Merchan’s response to the dismissal request is awaited, as the legal and political ramifications of this case continue to unfold.