Merchan allows Trump to file motion to dismiss Bragg’s lawfare case
A New York trial court judge, Juan Merchan, has decided to allow President-elect Donald Trump’s lawyers file a motion to dismiss Manhattan District Attorney Alvin Bragg’s lawfare case against the former, and future, president.
The case is one of multiple legal wars launched against Trump by Democrats between his non-consecutive terms as president. They involved a wide range of allegations, some on shaky grounds at best, and most are in various stages of disappearing at this point.
It was Bragg who took claims of business reporting errors that would have been misdemeanors had they been brought before the statute of limitations expired. But Bragg claimed they were felonies because they were in pursuit of another, unnamed, crime, so Trump still could be charged. Then Merchan told the jury their verdict didn’t have to be unanimous.
A leftist Manhattan jury returned guilty verdicts to 34 counts, and the case was awaiting a sentencing as a preliminary to an appeal.
Now, however, Fox News is reporting Merchan, whose daughter was working for Democrats, raising funds off of the decisions her father was making in the courtroom against Trump, has allowed Trump’s lawyers to file a motion to dismiss the charges.
“Merchan said Trump attorneys have until December 2 to file their motion for dismissal. Merchan said Bragg has until December 9 to respond,” the report explained.
The judge also agreed to hold off on any further action regarding sentencing, which had been scheduled for Nov. 26 but now is “adjourned.”
Steven Cheung, the incoming communications director for Trump’s second White House, told Fox News Digital the ruling is a “decisive win” for Trump.
“In a decisive win for President Trump, the hoax Manhattan Case is now fully stayed and sentencing is adjourned,” Cheung said. “President Trump won a landslide victory as the American People have issued a mandate to return him to office and dispose of all remnants of the Witch Hunt cases.”
The dismissal plan had been put before the judge by Todd Blanche, Trump defense lawyer and now nominee for deputy attorney general, who said, “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.”
Fox reported he cited the federal Constitution, the Presidential Transition Act of 1963, and the interests of justice to call for a dismissal of the case.
Bragg, meanwhile, has suggested putting the case on hold so that he could resurrect it years from now when Trump no longer is president, a move that would presume Bragg’s own re-election.
Analysts suggested that Bragg actually wants the case to be looming over Trump for the duration of his presidency, which a trial judge’s decision to hold off sentencing and keep the case alive could do.
Merchan last week ordered the cancelation of all deadlines in the case.