In a significant legal turn, New York Judge Juan Merchan approved President-elect Donald Trump’s request to file a motion to dismiss charges in New York v. Trump and indefinitely postponed sentencing originally set for November 26.
This move marks a potential shift in the ongoing legal battles that have followed Trump throughout his presidency and campaign.
Merchan’s decision sets December 2 as the deadline for Trump’s attorneys to file their dismissal motion, with Manhattan District Attorney Alvin Bragg’s office expected to respond by December 9. Additionally, the sentencing stay was mutually agreed upon by both Trump’s legal team and Bragg's office.
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Trump spokesman and incoming White House Communications Director Steven Cheung hailed the development as a “decisive win” for the president-elect.
🚨JUST IN: JUDGE MERCHAN JUST GRANTED PRESIDENT TRUMP'S REQUEST TO FILE A MOTION TO DISMISS!So much winning! pic.twitter.com/cZTxQRhp2M
— Bo Loudon (@BoLoudon) November 22, 2024
“The hoax Manhattan case is now fully stayed, and sentencing is adjourned,” Cheung told Fox News Digital. "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."
Cheung further emphasized, “All of the sham lawfare attacks against President Trump are now destroyed, and we are focused on Making America Great Again.”
Trump’s attorney, Todd Blanche—now nominated for Deputy Attorney General—wrote to Merchan last week, asserting the necessity of dismissing the case. Blanche’s letter highlighted Trump’s sweeping election victory and cited the Presidential Transition Act of 1963 as grounds for an immediate halt.
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He argued that the continuation of the case “threatens to hamstring the operation of the whole governmental apparatus” during a critical transition period.
Blanche also pointed to constitutional protections under the Supremacy Clause and presidential immunity, arguing that any further proceedings would violate those principles.
DA Alvin Bragg, however, sought a stay of the case until 2029, signaling his intent to oppose Trump’s dismissal motion while leaving room for consideration of the defense’s argument.
Critics, including Trump’s team, labeled Bragg’s approach a “politically motivated maneuver” aimed at undermining Trump’s presidency before it begins.
Blanche accused Bragg of prioritizing his own reelection campaign over justice, calling the ongoing case “uniquely destabilizing” and fundamentally flawed.
The charges stem from allegations of falsifying business records related to hush money payments—a case initiated by former Manhattan DA Cyrus Vance and later prosecuted by Bragg. Following a six-week trial, Trump was found guilty on 34 counts, but his legal team has since argued that the verdict violated his presidential immunity.
A recent Supreme Court ruling on presidential immunity Trump’s case. The Court’s 6-3 decision reaffirmed that former presidents are shielded from prosecution for official acts. This precedent, drawn from a separate federal case concerning January 6-related allegations, further complicates Bragg’s prosecution.
As Trump’s legal team presses for dismissal, they remain prepared to challenge any adverse rulings, ensuring that the president-elect’s return to the White House proceeds uninterrupted.
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WELL DONE!
Hold the happiness. This is another effort to drag out the case as long as possible. Note that Trumps lawyers have until12/2 to file while Bragg has until 12/9. Marchan will then take it under advisement and issue his ruling in his own good time. I strongly suspect that he will issue an adverse ruling either the day before, likely, or the day of Trump’s inauguration thus casting a shadow on the day. I firmly believe that he will grant Bragg’s motion to delay sentencing until January of 2029 when Trump’s term is over.