Trump lawyer says he expects to make motion to dismiss charges from Manhattan grand jury indictment

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Trump worried Bragg setting precedent for 'upside-down justice' that will continue: Attorney James Trusty

James Trusty, attorney for former President Donald Trump, discusses pending criminal charges from Manhattan DA Alvin Bragg and what these charges mean for the U.S. justice system.

Former President Donald Trump's lawyer said Sunday he expects to make a motion to dismiss any charges brought by a Manhattan grand jury in District Attorney Alvin Bragg's probe. 

"We will take the indictment. We will dissect it. The team will look at every, every potential issue that we will be able to challenge, and we will challenge. And of course, I very much anticipate a motion to dismiss coming because there's no law that fits this," Trump's attorney Joe Tacopina told CNN host Dana Bash Sunday. 

"And you have a situation where, you know, the federal government, the Department of Justice, turned this matter down," Tacopina continued on CNN's "State of the Union." "The FEC, which governs federal election laws, said there's no violation here. Yet somehow a state prosecutor has taken a misdemeanor and tried cobble together to make it a felony by alleging a violation of federal campaign violations. And the FEC said that doesn't exist." 

In reference the grand jury's vote to indict the former President of the United States, Tacopina called it a sign that "rule of law in the United States has died." 

"Whether you send the right or the left or you're a supporter or detractor of Donald Trump, this should really bother you," Tacopina said. "This should really shake the core of what we believe our justice system should be about. It should not be weaponized to go after political opponents." 

DESANTIS RIPS MANHATTAN DA BRAGG'S ‘FLIMSY’ TRUMP INDICTMENT IN NEW YORK SPEECH: AGENDA ‘NOT THE RULE OF LAW’

New York District Attorney Alvin Bragg had been investigating former President Donald Trump for alleged hush money payments to adult film actress Stormy Daniels.  (Shane Bevel/NCAA Photos via Getty Images/Victor J. Blue/Bloomberg via Getty Images)

Trump, an early frontrunner for the 2024 Republican presidential nomination, is expected to be arraigned in New York City on Tuesday. 

The details of the indictment have not been released, as they typically remain under seal before the arraignment takes place. The charges are expected to relate to Trump's 2016 alleged hush money scandal, which the Manhattan District Attorney's Office has been investigating for five years. 

If the charges relate to the hush money scandal, prosecutors are expected to argue that the $130,000 sum given to Stormy Daniels and the $150,000 given to former Playboy model Karen McDougal were improper donations to the Trump campaign, which helped his candidacy during the 2016 election.

"We are going to tape the indictment, evaluate all our legal options and pursue everyone most vigorously. This is a case of political persecution," Tacopina said Sunday. "Had he not been running for office right now for the office of the presidency, which by the way, the polls have shown since this has been announced, his numbers have gone up significantly. Had he not been running for presidency, he would not have been indicted."

A LOOK AT DONALD TRUMP'S ARRAIGNMENT SCHEDULE AHEAD OF TUESDAY COURT APPEARANCE  

Members of the media stand outside Trump Tower on April 1, 2023, in New York City. Trump is expected to be arraigned in New York City this week. (Kena Betancur/Getty Images)

Tacopina said he did not have details yet on Tuesday's schedule but said he does not expect Trump to make a "perp walk" and isn't sure if the former president will take a mugshot either. 

"Not normal operating procedure. Yeah, it's all up in the air," he said. "All the Tuesday stuff is still very much up in the air. The fact that we will very loudly and proudly say not guilty."  

The lawyer said he has no reason now to believe that New York Supreme Court Judge Juan Merchan, who will be presiding over the case, is biased, admitting Trump was "lashing out because he's the victim." Tacopina also criticized the Manhattan District Attorney's Office's key witness, Michael Cohen.

A person wears a mask depicting former president Donald Trump and poses outside of Trump Tower on March 31, 2023, in New York City. Trump has been indicted for his role in a hush-money scheme before the 2016 election.  (Andy Kiss/Getty Images)

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"Michael Cohen is a pathological, convicted liar," Tacopina said. "Perjury is like the banks, the IRS. Congress now is saying he lied to the FEC when they sent that letter saying there was no campaign violation. I heard him on CNN the other day saying that when he pled guilty under oath, when he became a new man, he really wasn't guilty. He was forced to plead guilty. So that's perjury. If that's not true, he's someone who is constitutionally incapable of telling the same story the same way twice. So I'm not really worried about what Michael Cohen is saying on this. The records and the facts will speak for themselves." 

Fox News' Marta Dhanis and Andrea Vacchiano contributed to this report.