Donald Trump's lawyers submitted a filing on Wednesday demanding that the guilty verdict in the New York "hush money" trial be vacated because it would eventually be dismissed anyway.
Law 360's Frank G. Runyeon posted the argument, which claims that as a president-elect, Trump enjoys the same benefits as a sitting president. It means he is "completely immune from any criminal process," the filing says.
"Immediate dismissal of this case is mandated by the federal Constitution, the Presidential Transition Act of 1963, and the interests of justice, in order to facilitate the orderly transition of executive Power following President Trump's overwhelming victory in the 2024 Presidential election."
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Legal analysts said on Tuesday they don't anticipate this argument will be effective, as the Supreme Court's "presidential immunity" decision outlined "official acts" that are protected. Trump wasn't president when he committed the acts in 2016, and his trial and verdict took place when he also wasn't president.
Tuesday, District Attorney Alvin Bragg similarly wrote that they support Trump's lawyers in making the argument, but they oppose the argument on its merits.
"No current law establishes that a president's temporary immunity from prosecution requires dismissal of a posttrial criminal proceeding and where we are now, that was initiated at a time when the defendant was not immune from criminal prosecution and based on unofficial conduct for which the defendant is also not immune," Bragg's letter said.
Trump's lawyers imply that Bragg is only continuing onward to bolster his own political campaign, which won't take place until the June primary in 2025 and ultimately in November. He's heavily favored to win, the New York Post reported over the weekend.
"As D.A. Bragg engages in his own election campaign, DANY appears to not yet be ready to dismiss this politically-motivated and fatally flawed case, which is what is mandated by the law and will happen as justice takes its course," claimed Trump's lawyers.
The case was already decided by a jury, which found Trump guilty of 34 felony counts. Trump was set to be sentenced after the election. As Bragg's letter said Tuesday, there are no rules or laws that say a state judge must ignore a verdict and cannot sentence a former president or a president-elect.
