‘Unlawful’ and ‘Unconstitutional?:’ Trump Lawyers Aim for Wholesale Dismissal of Manhattan Criminal Case

Counsel for President-elect Donald Trump are urging a mid-level New York appeals court to dismiss his client’s case in its entirety, arguing that continued criminal proceedings are “unlawful, unconstitutional, and in excess” of the trial judge’s jurisdiction.

In a motion filed on Tuesday morning, attorney Todd Blanche asked the Appellate Division, First Department to find that Acting Supreme Court Justice Juan Merchan had no authority to continue to oversee the case. The filing also asked the panel to vacate the jury’s guilty verdict and “immediately” dismiss the case in its entirety, with prejudice.

The document specifically asks that the First Department agree with the continued defense argument that presidential immunity applies to a president-elect.

The Article 78 petition follows a ruling from Merchan last week that scheduled the long-delaying sentencing for January 10.

Trump’s defense team on Monday asked Merchan to stay his decision, arguing it infringed on their client’s presidential immunity and that proceedings could not continue while Trump prepared to take office later this month.

Prosecutors with the Office of Manhattan District Attorney Alvin Bragg opposed the motion – noting that the judge had already dismissed Trump’s arguments that presidential immunity applied to the president-elect – and Merchan on Monday denied the defense request for a stay.

The notice of petition asks that the defense team present arguments to the First Department no later than Jan. 27, after their client’s inauguration as president.

The motion specifically seeks review of two “erroneous” decisions denying Trump’s claims of presidential immunity in the New York state case.

“These errors violate the doctrine of Presidential immunity and completely undermine the erroneous jury verdict in this meritless, politically motivated case that violated Presidential Trump’s fundamental due process rights,” states the filing.

Merchan’s orders threaten the institution of the presidency, the document claims.

“Justice Merchan is without authority under the law to proceed to sentencing while President Trump exercises his federal constitutional right to challenge these rulings, and the erroneous jury verdict in the underlying criminal case must be vacated and the charges against President Trump must be dismissed with prejudice, without further delay,” the document reads.

The defense argues that Merchan’s entire analysis is “erroneous” because his ruling relies on “case-specific application.”

Merchan’s decision, the defense claims, fails to take into consideration the “disruptive nature of criminal punishment, the public stigma associated with criminal prosecution, and the mental and physical burdens of defending a criminal case.”

“This analysis is obviously wrong and an abuse of discretion, because it dramatically understates the burden, disruption, stigma, and distraction that this case threatens to impose and is already imposing on President Trump in his transition efforts,” the filing reads.

The defense separately filed for emergency relief and arguments before a single First Department justice were scheduled for midday on Tuesday.

A spokesperson for the Manhattan District Attorney’s Office did not immediately return a request for comment.

Trump is represented by Blanche and Emil Bove of Blanche Law and Susan Necheles and Gedalia Stern of Necheles Law.