In arguing for the dismissal, Weisselberg’s lawyers write, “Mr. Weisselberg’s federal grand jury testimony forged the first link in the chain of evidence that culminated in this Indictment.” The lawyers argued that Cohen had embarked on a campaign driven by “vengeance” against Weisselberg and cooperated extensively with the district attorney’s office, suggesting the internal nickname for the investigation is “fixer,” a nod to Cohen’s self-proclaimed title.
Weisselberg’s lawyers also argued that New York state prosecutors can’t bring charges against him for allegedly failing to pay federal taxes. Weisselberg was charged with not paying taxes on $1.7 million in income and benefits.
His attorneys argued that some charges, including one alleging Weisselberg failed to pay New York City taxes while living at an apartment in Manhattan, fall outside the statute of limitations by at least three years.
Weisselberg’s attorneys also asked the judge to suppress statements Weisselberg had made while he was in custody for eight hours the morning he surrendered to face the charges. While in custody, Weisselberg made statements about living in Manhattan and the high cost of schooling — issues at the heart of the indictment. His attorneys say those statements were compelled in violation of his constitutional rights.
The district attorney’s office will file its response to the motion to dismiss in the coming weeks. The judge overseeing the case set a tentative trial for late summer.