NEW YORK (AP) 鈥� President-elect Donald Trump鈥檚 lawyers formally asked a judge Monday to throw out his hush money criminal conviction, arguing continuing the case would present unconstitutional 鈥渄isruptions to the institution of the Presidency.鈥�
In a filing made public Tuesday, Trump鈥檚 lawyers told Manhattan Judge Juan M. Merchan that dismissal is warranted because of the extraordinary circumstances of his impending return to the White House.
鈥淲rongly continuing proceedings in this failed lawfare case disrupts President Trump鈥檚 transition efforts,鈥� the attorneys continued, before citing the 鈥渙verwhelming national mandate granted to him by the American people on November 5, 2024.鈥�
Prosecutors will have until Dec. 9 to respond. They have said they will fight any efforts to dismiss the case but have indicated openness to delaying sentencing until after Trump鈥檚 second term ends in 2029.
Following Trump鈥檚 election victory last month, Merchan halted proceedings and indefinitely postponed his sentencing, previously scheduled for late November, to allow the defense and prosecution to weigh in on the future of the case. He also delayed a decision on Trump鈥檚 to dismiss the case on immunity grounds.
Trump has been fighting for months to reverse the conviction, which involved efforts to conceal a $130,000 payment to porn actor Stormy Daniels, whose affair allegations threatened to disrupt his 2016 campaign. He has denied any wrongdoing.
Trump takes office Jan. 20. Merchan hasn鈥檛 set a timetable for a decision.
A dismissal would erase Trump鈥檚 historic conviction, sparing him the cloud of a criminal record and possible prison sentence. Trump is the first former president to be convicted of a crime and the first convicted criminal to be elected to the office.
Merchan could also decide to uphold the verdict and proceed to sentencing, delay the case until Trump leaves office, wait until a federal appeals court rules on Trump鈥檚 parallel effort to get the case moved out of state court or choose some other option.
The Associated Press
