Donald Trump's lead counsel in multiple criminal cases says President Joe Biden or Attorney General Merrick Garland should end the ongoing prosecutions against the former president following the Supreme Court's recent presidential immunity ruling.
Attorney Todd Blanche appeared on Hugh Hewitt's podcast Tuesday, one day after U.S. District Judge Aileen Cannon dismissed the classified documents case against Trump in Florida. The former president had been charged with mishandling classified information.
Cannon cited special counsel Jack Smith's appointment as being unconstitutional because it had not been approved by Congress.
Smith also has accused Trump with allegedly obstructing the 2020 election results in a Washington, D.C., case.
Speaking three days after the failed assassination attempt on Trump in Pennsylvania, Blanche told Hewitt other cases against Trump should be thrown out following the Supreme Court's ruling last month that former presidents have immunity from prosecution for official acts.
"The Supreme Court's decision two weeks ago was a wake-up call. What's been happening since that time and the reaction is a wake-up call," Blanche, who also represented Trump in Florida, told Hewitt. "You have an indictment against a former president of the United States in Washington, D.C., most of which is now filled with information that should have never been presented to the grand jury, should have never been part of a charge against a former president.
"And you're right that the attorney general can stop this today. President Biden can stop this today. Jack Smith can stop this today. There is leadership that can all do the right thing if they choose to lead. And I really hope they do. It would be the right thing for this country."
Trump also has been accused in state court of trying to overturn the 2020 election results in Georgia.
Blanche told Hewitt that Trump's New York conviction for falsifying business records for calling a payment to attorney Michael Cohen a "legal expense" should be tossed by Judge Juan Merchan, who had to postpone sentencing until Sept. 18.
"The Supreme Court unequivocally said that a president, not just President Trump, but any president is entitled to a significant immunity when it comes to his job," Blanche said. "And we had briefed that before the trial started in front of the judge, Judge Merchan.
"And he gave it, you know, I don't know the legal term, but ‘back of the hand' is what he gave it before the trial started. And it turns out that we were right."
The attorney said jurors heard evidence that never should have been allowed.
"And there was some key testimony … in communications that the president had with his advisers while he was president, documents that were used during his presidency were offered against him at trial," Blanche said.
"This conviction, in our view, should have never happened in the first place. But just under the Supreme Court's decision, it should be dismissed, in our view, immediately."
The Supreme Court also reaffirmed unanimity in every element of a conviction after Merchan had instructed the jury that finding Trump guilty on a charge needed not be unanimous.
"Not only was there not a unanimous requirement for a key part of this case, but to those that followed the trial, that part of the case was really 90% of the evidence," Blanche told Hewitt.
"So they spent two full weeks talking about this supposed, you know, conspiracy, misdemeanor conspiracy under New York state law to influence an election, and at the end of the day, the jury didn't have to agree on what was improper or illegal about that effort."