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Motion To Dismiss

All articles tagged with #motion to dismiss

legalcourt-proceedings1 year ago

"Special Counsel Challenges Trump's Immunity Claim in Classified Documents Case"

U.S. District Judge Aileen Cannon will hear arguments on two of Donald Trump’s motions to dismiss the classified documents case against him in Florida, including claims related to the Presidential Records Act and the constitutionality of the statute used against him. Special counsel Jack Smith urged the judge to reject Trump’s claims, arguing that adopting Trump’s immunity theory could lead to concerning outcomes. Trump faces multiple criminal charges in the indictment and has pleaded not guilty to all counts.

via NBC News|
#classified-documents-case#donald-trump#legalcourt-proceedings
entertainment1 year ago

Lizzo's Sexual Harassment Lawsuit Advances Despite Dismissal Attempts

Lizzo's attempt to have a sexual harassment lawsuit thrown out has been denied by a Los Angeles judge, allowing the case to move forward. The lawsuit, brought by three former dancers, includes allegations of sexual harassment, racial and religious discrimination. While some parts of the lawsuit were dismissed, the core allegations remain, despite Lizzo's efforts to use California's anti-SLAPP statute to dismiss the suit.

via BuzzFeed|
#allegations#entertainment#judges-ruling
politics2 years ago

"Sen. Bob Menendez Fights Back: From Senate Floor to Courtroom"

Sen. Bob Menendez, D-N.J., has filed a motion to dismiss the indictment charging him with bribery and acting as a foreign agent, claiming the charges are unconstitutional and violate Constitutional safeguards. Menendez and his wife were charged with bribery over their alleged acceptance of "hundreds of thousands of dollars" in exchange for the use of the senator’s influence to enrich businessmen and allegedly benefit the Egyptian government. Menendez has pleaded not guilty to the charges and has temporarily stepped down as chair of the Senate Foreign Relations Committee.

via NBC News|
#bribery#corruption#indictment
politics2 years ago

Trump invokes presidential immunity to dismiss federal election interference and hush money charges

Former President Donald Trump has filed a motion to dismiss his federal election interference case, claiming "presidential immunity" from prosecution for actions taken while in office. Trump's attorneys argue that his efforts to ensure election integrity were within the scope of his duties as president. The motion is the first in a series of anticipated filings in response to charges brought by Special Counsel Jack Smith. Trump has pleaded not guilty to charges related to his alleged plot to overturn the 2020 election. His attorneys also cite his acquittal by the Senate following his impeachment as evidence of his immunity.

via ABC News|
#donald-trump#federal-election-interference#motion-to-dismiss
legalcriminal-justice2 years ago

Trump's Legal Team Pushes for Dismissal in Stormy Daniels Hush Money Case

Former President Donald Trump has filed a motion to dismiss criminal charges related to hush money payments made to adult film actress Stormy Daniels. Trump's defense argues that he cannot be accused of falsifying business records as the payments were made using personal funds. The motion claims that the charges are politically motivated and interfere with Trump's 2024 presidential campaign. The Manhattan district attorney's office alleges that Trump and his former fixer Michael Cohen worked with American Media, Inc. to suppress negative news stories during the 2016 election. The trial is scheduled for May 2024.

via ABC News|
#criminal-charges#donald-trump#hush-money
legalcriminal-justice2 years ago

Alec Baldwin's 'Rust' Trial Delayed to 2024 as Armorer's Trial Date Pushed Back

Alec Baldwin is attempting to prevent crew members from the film "Rust" from taking him to court in a civil case, while the criminal trial for armorer Hannah Gutierrez-Reed has been postponed until next year. Baldwin and the production company have filed a motion to dismiss the civil case, with a pending motion to stay the proceedings until the criminal trial is concluded. The outcome of these motions could have implications for other ongoing civil cases against Baldwin. Special prosecutors have not yet decided whether to refile criminal charges against Baldwin in the shooting incident, but a recent forensics report suggests that the trigger of the prop gun had to be pulled for it to discharge. The criminal trial has been rescheduled for February 2024.

via Deadline|
#alec-baldwin#civil-suit#criminal-trial
crime2 years ago

Judge Upholds Charges Against 'Rust' Armorer in Alec Baldwin Shooting Case

A New Mexico judge has denied the motion to dismiss charges against "Rust" armorer Hannah Gutierrez, who is facing two counts of involuntary manslaughter and an additional charge of tampering with evidence in relation to the on-set shooting that resulted in the death of cinematographer Halyna Hutchins. The defense argued jurisdictional and structural issues with the case, but the judge ruled that any jurisdictional issues were resolved and that the defense failed to demonstrate sufficient prejudice to warrant dismissing the charges. Gutierrez is scheduled to appear in court on August 9 for a preliminary hearing.

via ABC News|
#crime#hannah-gutierrez#involuntary-manslaughter