Immediate dismissal of this case is mandated by the federal Constitution, the Presidential Transition Act of 1963, and the interests of justice, in order to facilitate the orderly transition of Executive power following President Trump's overwhelming victory in the 2024 Presidential election. Therefore, we respectfully submit this premotion letter to request permission to file a motion to dismiss by December 20, 2024, pursuant to CPL § 210.40, and to request, as DANY has consented to, that the Court stay other deadlines.
As DA Bragg engages in his own election campaign, DANY appears to not yet be ready to dismiss this politically-motivated and fatally flawed case, which is what is mandated by the law and will happen as justice takes its course. However, DOJ is reportedly preparing to dismiss the federal cases against President Trump, and will report its final decision to federal courts on December 2, 2024. As in those cases, dismissal is necessary here. The Constitution forbids “plac[ing] into the hands of a single prosecutor and grand jury the practical power to interfere with the ability of a popularly elected President to carry out his constitutional functions.”
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Continuing with this case would "be uniquely destabilizing" and threaten to "hamstring the operation of the whole governmental apparatus, both in foreign and domestic affairs."
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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.