Former President Trump’s legal team is pushing for the dismissal of the hush money case against him before it goes to trial. The case involves 34 felony counts of falsifying business records related to reimbursements Trump paid to his former fixer, Michael Cohen, for hush money payments made to Stormy Daniels and others during the 2016 election. Trump’s defense strategy centers on several arguments, including selective prosecution, claiming that the charges resulted from political pressure rather than an unbiased assessment of the evidence. They also argue that the case was brought too late and that the charges are legally defective.
One of the key arguments made by Trump’s lawyers is selective prosecution. They accuse Manhattan District Attorney Alvin Bragg of specifically targeting Trump for political reasons. Trump has consistently portrayed the case as a political witch hunt and has criticized both the prosecutors and the judge. The defense team argues that the charges should be dismissed because they were brought about due to political pressure rather than a commitment to justice.
Furthermore, Trump’s attorneys argue that the case was brought too late, and the delays in bringing the charges have prejudiced him and violated his due process rights. They point to a tell-all book published by a former senior prosecutor that casts doubts on the legal theory of the hush money case. The defense team also argues that the charges should be subject to a five-year statute of limitations, which had passed by the time the indictment was brought.
Additionally, Trump’s lawyers attack the legal theory of the case, claiming that the records in question were not business records and that the charges of falsifying business records are legally defective. They argue that the payments were made from Trump’s personal accounts and documented on his personal ledgers. They also challenge the prosecution’s attempt to connect the falsified records to other crimes, such as violations of election laws and tax laws.
In addition to these arguments, Trump’s legal team raises concerns about pre-indictment leaks and seeks to move the case to federal court. They claim that leaked information about the grand jury proceedings has prejudiced Trump and call for a hearing to determine the extent of the leaks and their impact on the case. Trump has also been attempting to move the case to federal court, which would broaden the jury pool and potentially provide different legal avenues for the defense. A judge rejected this effort previously, but Trump has appealed the issue to the 2nd U.S. Circuit Court of Appeals.
