On Tuesday, Judge Juan Merchan was expected to rule on the post-trial motion filed by President-elect Donald Trump’s legal team in his Manhattan criminal case asserting that the verdict should be set aside on the grounds of presidential immunity following the Supreme Court’s ruling on that issue. He’d already put it off by a week in response to a joint request by Trump’s team and District Attorney Alvin Bragg’s office to postpone it.
But when the moment came, initially, it appeared Merchan had put that off indefinitely and postponed the sentencing set for November 26. Then we learned that was merely an automated schedule alert rather than a substantive move by the judge. Shortly thereafter, Bragg’s office filed a letter with the court requesting that the case be formally adjourned to allow time for Trump’s legal team to file an additional motion to dismiss based on the unique circumstances in play given Trump’s reelection and impending inauguration (and indicating they would be opposing such motion).
UPDATE: Alvin Bragg’s Office Requests Delay of Trump’s Manhattan Case
Judge Merchan Weighs in on Presidential Immunity in Trump Business Records Case
On Wednesday, Trump’s legal team followed through, filing their letter with the court asserting that the case should be dismissed pursuant to the Constitution, the Presidential Transition Act of 1963, and the interests of justice and requesting leave to file a formal motion to dismiss to that effect.
In pertinent part, the letter reads:
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. Therefore, we respectfully submit this premotion letter to request permission to file a motion to dismiss by December 20, 2024, pursuant to CPL § 210.40, and to request, as DANY has consented to, that the Court stay other deadlines.
As DA 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. However, DOJ is reportedly preparing to dismiss the federal cases against President Trump, and will report its final decision to federal courts on December 2, 2024. As in those cases, dismissal is necessary here. The Constitution forbids “plac[ing] into the hands of a single prosecutor and grand jury the practical power to interfere with the ability of a popularly elected President to carry out his constitutional functions.”
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Continuing with this case would “be uniquely destabilizing” and threaten to “hamstring the operation of the whole governmental apparatus, both in foreign and domestic affairs.”
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On November 5, 2024, the Nation’s People issued a mandate that supersedes the political motivations of DANY’s “People.” This case must be immediately dismissed.
The letter requests until December 20, 2024, for Trump’s legal team to file their brief “so that President Trump has the opportunity to address in that submission the positions taken by DOJ in the federal cases.”
As of this writing, Merchan has not signaled his intention, but we can expect he will soon. At this point, given that both the prosecution and Trump’s attorneys are requesting that sentencing be postponed to address this supremacy argument, the likelihood is that he will do just that. We’ll continue to monitor the situation and provide any updates as they become available.
