Former President Donald Trump has asked the court to dismiss the case that Manhattan District Attorney Alvin Bragg (D) has brought against him.
Lawyers for Donald Trump asked a Manhattan judge to throw out the criminal charges related to Trump’s hush money payments to a porn star, arguing in court filings that the case “has prejudiced President Trump and the public by interfering with his presidential campaign.”
Bragg has charged Trump with 34 felony counts of falsifying business records. The Manhattan district attorney alleges that Trump committed wrongdoing when he allegedly had his former lawyer, Michael Cohen, pay so-called hush money payments to adult film star Stormy Daniels in the lead-up to the 2016 presidential election.
The Hill explains:
Hush money by itself is legal, but the prosecutors’ case centers on a claim that Trump improperly deemed the reimbursements a legal retainer in order to conceal criminal conduct and hide damaging information during his campaign.
Trump has pled not guilty to the charges. And, he maintains that Bragg's prosecution of him is politically motivated.
Trump's take is supported by many legal experts, including renowned criminal defense attorney Allan Dershowitz. Dershowitz has argued that Bragg's case is extremely weak - so weak that it should never have been brought.
This, however, does not necessarily mean that Bragg's prosecution of Trump will be unsuccessful. Despite the weakness of the case, Trump could still be convicted because the case is taking place in a Democratic stronghold.
Now, Trump has asked the court to throw out Bragg's case.
Trump's legal team, in the filing, wrote:
After a five-year meandering, halting, and roving investigation that entailed inexplicable and unconstitutional delay, the District Attorney’s Office filed a discombobulated package of politically motivated charges marred by legal defects, procedural failures, discovery violations, and a stubborn refusal to provide meaningful particulars regarding its theory of the case.
Trump's team takes up each point in turn, supporting it with evidence. You can read the court filing for yourself here.
We are waiting to see how the judge will rule on Trump's motion.
As stated, this is all taking place in a Democratic stronghold. So, even if Trump's motion does have a lot of merit, it would not be surprising if it were to be denied.
Currently, the trial in this case is scheduled to begin in March 2024. This date, in itself, would appear to prove Trump's point that Bragg's indictment is politically motivated.
It just so happens that Bragg's case is scheduled to take place during the 2024 presidential primary season and Trump is the clear Republican frontrunner.