President-elect Donald Trump. File
| Photo Credit: AP

President-elect Donald Trump’s lawyers formally asked a judge Monday (December 2, 2024) to throw out his hush money criminal conviction, arguing continuing the case would present unconstitutional “disruptions to the institution of the Presidency”.

In a filing made public Tuesday (December 3, 2024), Mr. Trump’s lawyers told Manhattan Judge Juan M. Merchan that dismissal is warranted because of the extraordinary circumstances of his impending return to the White House.

“Wrongly continuing proceedings in this failed lawfare case disrupts President Trump’s transition efforts,” the attorneys continued, before citing the “overwhelming national mandate granted to him by the American people on November 5, 2024.”

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 Mr. Trump’s second term ends in 2029.

Following Mr. Trump’s election victory last month, Mr. Merchan halted proceedings and indefinitely postponed his sentencing, previously scheduled for late November, to allow the defence and prosecution to weigh in on the future of the case. He also delayed a decision on Mr. Trump’s prior bid to dismiss the case on immunity grounds.

Mr. 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.

Mr. Trump takes office Jan. 20. Mr. Merchan hasn’t set a timetable for a decision.

A dismissal would erase Mr. Trump’s historic conviction, sparing him the cloud of a criminal record and possible prison sentence. Mr. Trump is the first former president to be convicted of a crime and the first convicted criminal to be elected to the office.

Mr. Merchan could also decide to uphold the verdict and proceed to sentencing, delay the case until Mr. Trump leaves office, wait until a federal appeals court rules on Mr. Trump’s parallel effort to get the case moved out of state court or choose some other option.