Trump Lawyer Says We Should Expect Motion To Dismiss In Bragg Case

Former President Donald Trump’s attorney Jim Trusty said on Sunday he expects the Trump legal team to seek a motion to dismiss the historic New York City indictment over the $130,000 hush money payment made to porn actress Stormy Daniels.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1454475
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Frist?!?

“I think the motions to dismiss have to be a priority because they amputate this miscarriage of justice early on,” Trusty said.

That confused bag of metaphors is the true miscarriage around here.

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Trusty is not to be trusted…

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Really? This was all a political “witch hunt”? Do tell…seems to me they found a witch. One of the beautiful facts about our justice system is that cases are tried in court, not in the media. Good luck to The Defendant.

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Uh-huh.

Grand jury needs only probable cause to indict. DA has the canceled check to Stormy signed by Cohen, which happened only days before the election. He has the reimbursement checks, written monthly throughout 2017 (WHILE TRUMP WAS PRESIDENT) signed by Donnie, Junior and Weisselberg. He has Cohen’s testimony about the purpose and timing of the payoff (to aid election chances), corroborated by the testimony of the Pecker who coordinated it all. He has evidence of previous payoffs to another Trump affair, showing a pattern of the same scheme. He has evidence of intent to commit multiple other misdemeanors and/or felonies (election and tax), which raises the bookkeeping fraud to Class E felony status. And he has multiple (heretofore unkown) witnesses to corroborate everything. Not to mention the FACT that this exact kind of case has been prosecuted 30 TIMES, just since Bragg became DA about a year ago. It is a standard case. Almost always won. It’s called “the bread-n-butter” of the Manhattan DA’s office cases.

And Alvin has yet to even file a Bill of Particulars, which will bring tears to the eyes of the entire Trump KKKlan.

Phony Soprano will be tried, convicted and sentenced.

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And where exactly will they be placing these motions? I can make a suggestion or two.

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“There is a lot to play with there. And I think you’ll see some very robust motions."

Not just motions, really robust motions!

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New York lawyer here. The chance of TFG getting the case dismissed is very small. The statute of limitations is suspended while the defendant is out of state and also the running of all statutes of limitation were suspended during the COVID emergency. Lack of specific intent is a jury question. Federal crime being bases of raising business records to a felony is not something a trial judge would want to tackle.

And remember that the state can appeal a motion to dismiss being granted.

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This is not news. Defenses make motions to dismiss all the time (that’s what I’ve learned from teevee shows, gotta be true, right?!?).

I really don’t care what anything Trump says (family included), unless it’s evidence of crimes, or his final rattle.

Let’s not cover everything that vomits from Trump’s side, it is what he needs, we need to starve that traitor, not feed it.

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Go for it, Spanky.

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“Let’s not cover everything that vomits from Trump’s side.”. Agree 100% with 13 exclamation points. Also tpm should not be giving screen space to the cesspool of ABC “news”

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Andrew Coyne, columnist for the Toronto Globe&Mail (which bills itself as Canada’s national newspaper), wrote the following:

“The one thing nobody thinks to suggest is that he didn’t do it. Whatever other reactions the indictment of Donald Trump may have provoked, the one that does not seem to have occurred to anyone is:

It’s unthinkable! We are talking about a former president of the United States here. The idea that he would participate in any scheme to falsify business records to cover up an illegal campaign contribution in the amount of hundreds of thousands of dollars paid to not one but two porn stars to keep quiet about his extramarital affairs with them just long enough for him to fake his way through an election – that is just not the Donald Trump I know. Never mind that he would never have done any of these things. Had he even suspected that anyone in his employ was involved in anything of the kind he would have fired them on the spot and reported them to the police.

Mr. Coyne makes a good point.

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But, but, they’re going to file a Motion to Dismiss! Every Journalist knows that the Motion to Have the Case Thrown Out of Court (as initial motions to dismiss are called in the applicable rules of civil or criminal procedure of every state) is a Very Big Deal! Only a lawyer who knows it is a motion is certain to be granted will ever file such a powerful, weighty and significant motion.

And certainly, the publicly stated opinions of defense counsel on the merits of a case must always be given great weight and deference and taken as true by smart, savvy reporters who cover courts for years without ever learning a goddamn thing about pretrial procedure.

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I expect ketchup on the walls before this is over!

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Of course, we should expect it.

I have an equal expectation that the motion to dismiss will be dismissed.

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IANAL, but my understanding is that the Motion to Dismiss is pretty standard because, if in the very slim chance it does work, you’ve saved your client a boatload of time and money. Of course, it will also be pretty standard when its denied for Trump.

My only interest is reading the angry screed Trump will force his lawyers to write into the Motion. If we see ketchup stains on the document, we’ll know Trump dictated it in person.

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Heh…

I saw this latest tfg tool on TV yesterday morning doing his best to pound the whataboutism table over the looooooming Biden crime fambly indictments. His once and only chance to ever be on tellybisshun.

The real drama is will he be paid or is he representing tfg for hims fifteen minutes of infamy :thinking:

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A motion to dismiss is just pro forma lawyering 101.
Even a graduate of Trump University Lawyering School knows this.

It’s just courtroom masturbation, with no climax.

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Not sure if you guys know, but ABC is the only terrestrial broadcaster evangelical Christians are allowed to watch.

That they are broadcasting, and we report, the braggadocio of surely one of the last lawyers willing to ruin their reputations in the name of Trump says a lot about how the media works.

It’s a factory, and you have to dissect the next set of entrails out of the killing floor. Lovely. Also, unfit to defend a democracy.

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A motion to dismiss trump ?
Donnie… you been a baaad boy… go to yer room!!

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