President-elect Donald Trump’s attorneys argued on Nov. 19 that New York Justice Juan Merchan should dismiss the ongoing case against their client, citing federal law and the U.S. Constitution as the basis for their argument. They emphasized that immediate dismissal of the case was necessary to ensure a smooth transition of executive power following Trump’s victory in the 2024 Presidential election. The attorneys stated their case in a letter published on the court’s website on Nov. 20.
The letter was part of a series of legal maneuvers following the 2024 presidential election, which has impacted Trump’s federal and state-based cases. Trump is seeking to have the prosecution and guilty verdict he received in May thrown out, claiming that the concept of presidential immunity, as defined by the Supreme Court, rendered certain evidence and testimony unconstitutional.
Justice Merchan had postponed ruling on Trump’s immunity arguments after the election, following a request for a stay in proceedings. Manhattan District Attorney Alvin Bragg’s office supported the delay in sentencing but maintained that Trump’s arguments were unfounded.
The Supreme Court’s decision in Trump v. United States established varying levels of immunity for presidents from criminal prosecution. Trump’s attorneys argued that the President-elect should also enjoy immunity, citing the Presidential Transition Act of 1963, which aims to facilitate orderly transitions of power in the executive branch.
They also referenced a Department of Justice memo that was previously cited by the special counsel’s office when discussing the potential dismissal of Trump’s federal cases.
The situation is ongoing, and updates will be provided as the story develops.
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