Attorneys for President-elect Donald Trump filed a motion on Tuesday seeking to dismiss his criminal fraud conviction, referencing a recent pardon granted to Hunter Biden by President Joe Biden. Trump’s legal team argued that Biden used similar reasoning to pardon his son, Hunter, after he was convicted earlier this year of tax evasion and illegal firearm possession. The pardon, granted on Sunday, was based on claims that Hunter Biden was "selectively, and unfairly, prosecuted" by the Department of Justice (DOJ) "only because he is my son."
Trump’s motion, filed on Monday, invoked the same arguments made by President Biden, which were cited to persuade Judge Juan Merchan to dismiss the case. The motion described Biden’s comments as an "extraordinary condemnation of President Biden's own DOJ," further asserting that the same DOJ had orchestrated politically motivated investigations into Trump, including alleged election interference.
The 69-page filing also referenced the doctrine of presidential immunity, which the Supreme Court has upheld in relation to "official acts" performed by a sitting president, and the Presidential Transition Act, among other laws. Trump's legal team argued for the "immediate dismissal of the indictment and vacating the jury's verdicts."
Trump, 78, was convicted in May on 34 counts of falsifying business records in relation to the $130,000 payment made to adult film actress Stormy Daniels to prevent her from discussing an alleged affair during the final days of the 2016 election campaign.
Judge Merchan, who presided over Trump’s criminal trial, indefinitely postponed sentencing on November 22, following Trump's victory in the November 5 presidential election. With Trump’s defense team now seeking to have the case dismissed, Judge Merchan must decide whether to throw out the charges entirely or suspend legal consequences until after Trump’s upcoming term begins on January 20.
Manhattan District Attorney Alvin Bragg has supported postponing the case due to the "unprecedented circumstances" following Trump’s electoral win. During the hush money trial, Bragg argued that Trump’s payments were intended to cover up a scandal that could have harmed his campaign against Democratic candidate Hillary Clinton. Trump has consistently denied any affair with Daniels.
(Source: BSSNEWS)
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