The request to dismiss the indictment, filed Friday, is a routine one that judges typically deny. Among other arguments, they say the grand jury that indicted Weinstein should have been told about emails from one of his three accusers: a woman who said he raped her in 2013.
Weinstein, 66, has pleaded not guilty to all of the charges and is free on $1 million bail.
Weinstein's lawyers intend to argue that the first-degree rape charge is invalid because his relationship with an unnamed accuser continued after the date of the alleged attack.
In court papers filed in NY on Friday, his lawyers said: "Based on published reports, the District Attorney's Office conducted its investigation amidst overwhelming pressure from the media, politicians and high-ranking police officials demanding the arrest of Mr Weinstein".
In a motion filed in NY state court in Manhattan, Weinstein's lawyers said the emails showed "a long-term, consensual, intimate relationship" between Weinstein and an unnamed woman who has accused him of raping her in 2013.
"Hope you are well and call me anytime, always good to hear your voice", she allegedly wrote to him in August 2013, five months after the claimed assault. "I was so happy you saw me today!"
She sent a more wistful message in February 2017, after saying she had a schedule conflict and couldn't make it to a hotel to see Weinstein. And in an email in January 2014, she wrote, "you're the one who makes it look good with your smile and attractive eyes". Just had u cross my mind and thought u would send a hello.
When Weinstein apparently replied: "Love to cross your mind it's my favorite exercise", she answered: "Lol that made me laugh so hard". Brafman said that prosecutors for the Manhattan District, including Attorney Cyrus Vance, ignored this devastating evidence.
Vance's office declined to comment Friday.
Brafman also sought to undermine the allegation of forced oral sex 14 years ago, saying that the alleged victim in that instance does not remember when it happened, only "sometime" between June and September of that year.
"It is Mr. Weinstein's belief that these e-mails are material and exculpatory and the failure of the district attorney to provide this evidence to the grand jury warrants a dismissal of the indictment".
Lawyers for Harvey Weinstein are asking a judge to toss criminal sex-crime charges, citing an extensive and affectionate email correspondence between the onetime powerful Hollywood producer and his alleged rape victim.
The charges against Weinstein came nine months after The New Yorker and The New York Times published accounts from several women accusing him of various forms of sexual misconduct.