NEW YORK - Donald Trump on Dec 3 asked a New York state judge to dismiss the criminal case in which he was convicted in May of 34 felony counts involving hush money paid to a porn star in light of his victory in the Nov 5 US presidential election.

In urging Justice Juan Merchan in Manhattan to vacate the guilty verdict and toss the charges, Trump’s lawyers said having Manhattan District Attorney Alvin Bragg’s case hang over him after he takes office on Jan 20 would impede his ability to govern.

“Local elected officials such as D.A. Bragg have no valid basis to cause such disruptions,” defense lawyers Todd Blanche and Emil Bove wrote in a court filing dated Dec 2 and made public on Dec 3.

Trump in November nominated Mr Blanche to serve as deputy attorney general, the second-highest position at the Justice Department, during his administration. He nominated Mr Bove to serve as Mr Blanche’s top deputy and to be acting deputy attorney general while Mr Blanche awaits confirmation.

Mr Merchan in November delayed Trump’s previously scheduled Nov 26 sentencing indefinitely to give him the chance to seek dismissal.

Prosecutors with Mr Bragg’s office supported delaying the sentencing to give Trump the chance to make his case for dismissal, though they said they would oppose that bid. The prosecutors have until Dec 9 to respond.

The judge has not indicated when he would rule on Trump’s motion to dismiss, and has not set a new date for sentencing.

Mr Bragg’s office has suggested he defer all proceedings in the case until Trump, 78, leaves the White House in 2029.

In their motion to dismiss, Trump’s lawyers called that suggestion “ridiculous.” They said that would mean sentencing would happen more than a decade after the investigation started in 2018.

A spokesperson for Mr Bragg’s office declined to comment.

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