Donald Trump's lawyers urge judge to ignore prosecutors and dismiss hush money conviction

Just as a sitting president is immune from any criminal process, so too is President Trump as President-elect,

the lawyers wrote

This interest attaches to the ongoing transition activities, which are 'an integral part of the presidential administration,

the defense filing adds, citing a 2000 Department of Justice memo barring the prosecution of sitting presidents

On November 5, 2024 the Nation’s People issued a mandate that supersedes the motivations of (the district attorney’s) ‘People,

Blanche and Bove wrote

We would not oppose [Trump's] request for a stay of further proceedings,

prosecutors wrote in a filing Tuesday

As in those cases, dismissal is necessary here,

their filing contended

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,

attorneys Todd Blanche and Emil Bove argued in a letter to Judge Juan Merchan that was made public Wednesday

This is a total and definitive victory for President Trump and the American People who elected him in a landslide,

Cheung said in a statement, cited by The Associated Press

The idea that this matter should be postponed until the end of the president’s term – it does not strike me as a just resolution,

Shapiro said

That way, everybody saves face,

Shapiro explained

The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency, and acknowledge that Defendant’s inauguration will raise unprecedented legal questions. We also deeply respect the fundamental role of the jury in our constitutional system,

their filing said

Given the need to balance competing constitutional interests, consideration must be given to various non-dismissal options that may address any concerns raised by the pendency of a post-trial criminal proceeding during the presidency, such as deferral of all remaining criminal proceedings until after the end of Defendant’s upcoming presidential term,

the filing says

First, as a practical matter, Defendant’s stated plan to pursue immediate dismissal and file interlocutory appeals will likely lead to a stay of proceedings in any event; staying proceedings now until this Court’s resolution of the motion to dismiss would thus avoid unnecessary litigation. Second, proceeding to sentencing now would not avoid the new immunity question that Defendant intends to raise,

the filing said

No current law establishes that a president’s temporary immunity from prosecution requires dismissal of a post-trial criminal proceeding that was initiated at a time when the defendant was not immune from criminal prosecution and that is based on official conduct for which the defendant is also not immune,

the district attorney’s office wrote

For all the pages that defendant devotes to his current motion, the evidence that he claims is affected by the Supreme Court’s ruling constitutes only a sliver of the mountains of testimony and documentary proof that the jury considered in finding him guilty of all 34 felony charges beyond a reasonable doubt,

Assistant District Attorney Matthew Colangelo wrote in a filing this summer

People agree that these are unprecedented circumstances,

he wrote, pointing to the need to balance

The people agree that these are unprecedented circumstances and that arguments raised by defense counsel in correspondence to the people on Friday require careful consideration to ensure that any further steps in this proceeding appropriately balance the competing interests of (1) a jury verdict of guilty following trial that has the presumption of regularity; and (2) the office of the president,

prosecutors said in their missive

Michael Avenattiattorney

The hush money verdict should be promptly thrown out by Judge Merchan and the case immediately dismissed,

Avenatti wrote on X, formerly Twitter

I never thought that Donald Trump was going to be incarcerated; in fact, you've heard me say I don't think he should be,

Cohen stated, suggesting