Trump Lawyers Demand Judge ‘Immediately’ Dismiss Hush Money Case as Unconstitutional

New York, NY – Former President Donald Trump’s legal team is urging the Manhattan judge in his hush-money case to immediately overturn his conviction, arguing that prosecuting a president-elect violates constitutional protections.

In a letter made public on Wednesday, Trump’s attorneys, Todd Blanche and Emil Bove, asserted that the case against Trump must be dismissed under the U.S. Constitution, the Presidential Transition Act of 1963, and the principles of justice.

Donald Trump with attorneys Todd Blanche and Emil Bove attends his criminal trial at Manhattan Criminal Court on May 29, 2024, in New York City. Getty Images

“Immediate dismissal of this case is mandated… to facilitate the orderly transition of Executive power following President Trump’s overwhelming victory in the 2024 Presidential election,” the attorneys wrote. They also argued that a president-elect, like a sitting president, should be immune from criminal prosecution.

The renewed legal challenge comes a day after Manhattan District Attorney Alvin Bragg suggested pausing proceedings until after Trump’s presidency ends in 2029. However, Bragg declined to drop the case entirely despite Trump’s team pushing for dismissal.

The lawyers criticised Bragg, an elected Democrat, accusing him of pursuing a politically motivated prosecution while running for re-election in 2025. They argued the case is “fatally flawed” and a dismissal is “mandated by the law.”

Judge Juan M. Merchan had rejected Trump’s request for a new judge in his New York hush money criminal case. AP

Trump was convicted in May on 34 counts of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels ahead of the 2016 presidential election.

It remains unclear when Manhattan Supreme Court Justice Juan Merchan will respond to the defence’s latest request.

This legal battle marks a significant development in Trump’s post-election transition. His team continues to fight multiple legal challenges while preparing for his second term in office.