Trump Lawyer: Motion to Dismiss Coming on Trump Indictment

AP Photo/Alex Brandon

Former President Donald Trump is expected to get arraigned this week on charges brought by the Manhattan DA Alvin Bragg in what many have characterized as a poor case — in the words of George Washington law professor Jonathan Turley “legally pathetic” and in the words of former federal prosecutor Andrew McCarthy “nakedly political.’


We don’t know exactly what the charges will be yet, although there have been reports about “falsifying business records” regarding the matter of Stormy Daniels and that Bragg might be trying to shoehorn in what is essentially a federal charge to be able to employ a longer statute of limitations and charge a felony. There are also reportedly more than 30 charges supposedly coming. It’s important to note if that’s the case, it could refer to basically different forms in the same matter, or even signing pages of the same form. So more than 30 charges make it sound worse when it’s all essentially related to the one issue. It potentially could expose you to more punishment if convicted, although such charges would generally run concurrently if it’s part of the same act. It’s hard to know precisely until we see the indictment.

But Trump’s attorney said that after they see the charges in the indictment, expect a motion to dismiss to swiftly follow.

“We will take the indictment. We will dissect it. The team will look at every, every potential issue that we will be able to challenge, and we will challenge. And of course, I very much anticipate a motion to dismiss coming because there’s no law that fits this,” Trump’s attorney Joe Tacopina told CNN host Dana Bash Sunday.

“And you have a situation where, you know, the federal government, the Department of Justice, turned this matter down,” Tacopina continued on CNN’s “State of the Union.” Tacopina brought up the problem with the bootstrapping a alleged federal offense that the feds wouldn’t even pursue. “The FEC, which governs federal election laws, said there’s no violation here. Yet somehow a state prosecutor has taken a misdemeanor and tried cobble together to make it a felony by alleging a violation of federal campaign violations. And the FEC said that doesn’t exist.”

In referencing the grand jury’s vote to indict the former President of the United States, Tacopina called it a sign that “rule of law in the United States has died.”

“Whether you send the right or the left or you’re a supporter or detractor of Donald Trump, this should really bother you,” Tacopina said. “This should really shake the core of what we believe our justice system should be about. It should not be weaponized to go after political opponents.”


Tacopina said they would pursue all their legal options and this was “a case of political persecution.” He said he didn’t expect there to be a “perp walk” on Tuesday when Trump is scheduled to be charged, he wasn’t sure there would be a mugshot yet. But he said they would “very loudly and proudly say not guilty.”

It sounds like there could be various issues for such a motion including the statute of limitations and that this appears to be essentially a federal allegation, so it’s improperly before a state court. Given what we’ve seen, even if there are clear legal problems with the case, we also have to factor in that we’re in Manhattan and whether or not you’re going to get a fair trial when you’re evaluating the case. There are rumors that his team may be thinking about moving for a change of venue. That’s likely to be a hard sell, however, unless they can show some specific bias that would affect him (even if we all know that it’s there).

So far, the indictment not only hasn’t hurt Trump in the polls, he’s now had his highest lead so far in a Yahoo poll over Florida Gov. Ron DeSantis. He’s also gotten $5 million in donations as people coalesce around him and against the political prosecution, a lot of that reportedly from people who hadn’t donated before. That’s a big sign of how angry people are about this prosecution.



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