‘Extremely troubling’: Trump defense team attacks prosecutor’s new arguments against dismissal of case

President-elect Donald Trump’s lawyers insist in new court filing that New York judge is overseeing hush money case must dismiss the action against their client before his return to the White House.

The letter from Trump’s defense team follows a motion filed earlier this week by the Manhattan District Attorney’s Office, which opposes the firing and proposes some creative legal alternatives to reject the verdict and the indictment. Trump’s team is seeking to dismiss the case altogether, given his re-election.

One of the prosecution’s alternative suggestions included “reduction by death” — treating the verdict as if the president-elect was legally dead — which Trump’s lawyers called in their 23-page brief “extremely troubling “.

“To further illustrate Prosecutor (Alvin) Bragg’s desperation to avoid a legally mandated dismissal, DANY (the Manhattan District Attorney’s Office) proposes that the Court act as if one of the assassination attempts against President Trump had succeeded,” Todd Blanche and Emil wrote. Above, referring to the prosecutor’s office. Both men represented Trump in the New York trial and have since been appointed to the Justice Department.

Although prosecutors acknowledged that handling the case this way had no legal precedent in New York, they suggested that Acting Manhattan Supreme Court Justice Juan Merchan could use his discretion under the judicial law to implement such a new decision.

“Apparently feeling relieved by what happened in the New York Court of Appeals, DANY asks Your Honor to pass new law contrary to binding precedent,” the filing states. “Apart from stare decisis, there is no good reason to do this.”

The lawyers argued that dropping the case would harm their client’s ability to appeal.

“One would expect more from a first-year law student, and this is another indication that DANY’s opposition to this motion was not undertaken in good faith,” perhaps we read in the file.

“These arguments in favor of reduction are absurd,” the letter adds.

Trump’s lawyers also balked at prosecutors’ suggestion that Merchan stay sentencing Trump until he leaves the White House.

“(A) stay would require President Trump to lead the country while facing the constant threat that this Court and DANY are prepared to impose prison terms, fines and other sanctions on him as soon as he leaves office. functions”, we can read in the document. “To be clear, President Trump will never deviate from the public interest in response to these thug tactics.”

The prosecutor’s office declined to comment on this information.

Trump was convicted in May of 34 counts of falsifying business records as part of an alleged scheme to suppress information from the U.S. electorate during the 2016 presidential election cycle.

Trump has denied any wrongdoing and called the accusations politically motivated, prosecutors say.

Sentencing has been postponed several times, with Merchan recently adjourning the Nov. 26 date to consider a post-election motion from Trump’s defense team that sought to dismiss the case in its entirety.

Merchan set out a briefing schedule on the matter — which did not include the option of a defense response — but did not say when he planned to rule.

Trump is represented in the New York lawsuit by Blanche and Bove, as well as Susan Necheles and Gedalia Stern of Necheles Law.