Attorneys for President-elect Donald Trump filed a motion on Monday to dismiss the Manhattan business records case, potentially marking the final stages of the unprecedented prosecution of a former president.
In their filing, Blanche and Bove note the positions Special Counsel Jack Smith took last week in the Department of Justice’s two federal cases against Trump.a motion to dismiss the election interference case and took similar action to end the documents case because the Constitution does not allow the prosecution of a president. These moves signal Smith’s surrender.
Late last month, SCO confirmed DOJ’s view that the “Constitution’s prohibition on federal indictment and prosecution of a sitting President” is “categorical,” and that Smith’s politically- motivated prosecutions of President Trump had to be dismissed “before is inaugurated.” Ex. 61 at 1. Consistent with Trump, SCO acknowledged that “the President must not be unduly encumbered in fulfilling his weighty responsibilities . . . .” Id. at 2-3.
“President Trump and his legal team have filed a powerhouse motion to dismiss once and for all the unconstitutional and politically motivated Manhattan DA Hoax,” Cheung said, adding:
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