Donald Trump’s lawyer has announced plans to file a motion to dismiss the slew of criminal charges against the former president – before the indictment is unsealed in New York.
Lawyer Joe Tacopina appeared on ABC’s Good Morning America on Tuesday morning – just hours before Mr Trump will make history as the first former or current US president to ever be arrested and charged with a crime.
Mr Tacopina said that the legal team will be “making a lot of motions” in the case including selective prosecution and a motion to dismiss the charges.
“I don’t think this case is going to see a jury. I think it’s going to go away on papers. I think there’s going a legal challenge that needs to be made and will be made successfully,” he said.
GMA host George Stephanopoulos pointed out that this defiance comes when Mr Trump and his team are yet to even see the criminal charges which remain under seal until he surrenders to New York authorities on Tuesday afternoon.
Mr Tacopina responded that it was “based on not seeing the charges but understanding the basis of the charge” regarding “a state prosecutor bringing charges on a federal campaign violation theory”.
The attorney said that there is still a lot of “mystery” about the events of the day but that it “
“There’s a lot of mystery here because we’re doing something that has never been done before. We’re having an arraignment at 100 Center Street with Secret Service involvement,” he said.
One thing he is sure of is that Mr Trump will without doubt continue to fighting the charges.
”One thing I can assure you of as I sit here today is there will be no guilty plea in this case,” he said.
“That’s the one thing I can guarantee you.
In what marks a historic and unprecedented day for America, Mr Trump will be arrested and arraigned on criminal charges in New York on Tuesday 4 April.
The former president will appear in-person before Judge Juan Merchan for his arraignment at 2.15pm ET – becoming the first current or former US president to ever be criminally charged.
The arraignment will not be broadcast on TV after a New York judge banned video cameras from courtroom.
Ahead of his arraignment, he will be booked – with his fingerprints taken and details recorded.
However, he will not be handcuffed or put in a jail cell, and he is not expected to have his mugshot taken.
The charges are currently unconfirmed but reports suggest he will face 34 felony charges. The charges will be unsealed at his arraignment.
The former president flew into New York on Monday aboard his Trump Force One plane before spending the night at Trump Tower in Manhattan.
After Tuesday’s court hearing in Manhattan Criminal Court, he will fly straight back to Mar-a-Lago to deliver a primetime address at 8.15pm ET.
However, questions are mounting as to whether or not that speech will go ahead if the Judge Merchan decides to issue a gag order in the case.
In furious Truth Social rants in the run-up to and aftermath of his indictment last week, Mr Trump has attacked both the man investigating the payments – Manhattan District Attorney Alvin Bragg – and the man now overseeing the criminal case – Judge Merchan.
With violent rhetoric including an image of Mr Trump waving a baseball bat close to Mr Bragg’s head, it is possible the judge will see fit to issue a gag order.
Mr Tacopina said on Tuesday morning that there is “no indication that there will be a gag order”.
“It can’t happen in this case. Look, when you have a gag order you have to balance a couple of things: The First Amendment which is important to all Americans and the right to a fair trial on both sides,” he said.
“So it’s a balancing act. Here you have something uniquely different.
“The defendant is the leading Republican candidate for the office of the president of the US and he will be campaigning.
“It’s hard to put a gag order when he will be fielding questions on his current legal situation but there has been no indication that there wil be a gag order imposed.”
On Thursday 30 March, a Manhattan grand jury voted to indict Mr Trump on criminal charges over hush money payments to adult film starStormy Daniels days just before the 2016 presidential election.
Manhattan prosecutors have been investigating whether Mr Trump falsified the Trump Organization’s business records when his former lawyer and “fixer”Michael Cohen made the payment of $130,0000 to Ms Daniels.
Prosecutors claim that the money was used to silence Ms Daniels about an alleged affair she had with Mr Trump.
Mr Trump has long denied having an affair with the adult film star.
Cohen was convicted of tax evasion, lying to Congress and campaign finance violations related to the payments to Ms Daniels. He was sentenced to three years in prison.
In recent weeks, the probe ramped up with both Cohen and Ms Daniels testifying before the grand jury.
Mr Trump was also invited to testify. Though it was an invite he unsurprisingly turned down, it was a strong sign an indictment was on the way.
But – despite his rampant Truth Social posts and his legal team going on a media blitz over the past few weeks – Mr Trump is said to have been caught off guard by news of the indictment.
Since then, he has blasted the charges, Manhattan District Attorney Alvin Bragg and the judge expected to oversee his case in furious Truth Social posts fuming about what he claims is “political prosecution” and a “witch hunt”.
