United States President-elect Donald Trump’s legal team has filed a motion to dismiss his historic criminal fraud conviction, arguing that President Joe Biden’s reasoning for pardoning his son, Hunter Biden, should apply to Trump as well.
The motion, filed Monday, contends that Biden’s comments on Hunter’s case undermine the Department of Justice and demonstrate selective prosecution against Trump.
President Biden pardoned his son on Sunday after Hunter was convicted earlier this year of tax evasion and illegally possessing a firearm. Biden defended his decision by stating that Hunter was “selectively, and unfairly, prosecuted… only because he is my son.” Trump’s attorneys cited this rationale in their 69-page brief submitted to Judge Juan Merchan, who presided over Trump’s trial.
“Biden’s comments amounted to an extraordinary condemnation of President Biden’s own DOJ,” the brief argues. “This is the same DOJ that coordinated and oversaw the politically-motivated, election-interference witch hunts targeting President Trump.”
Arguments for Dismissal
Trump’s attorneys invoked the doctrine of presidential immunity, which protects a president’s “official acts” while in office, as well as provisions of the Presidential Transition Act and other legal frameworks. They requested that the court “immediately dismiss the indictment and vacate the jury’s verdicts.”
Trump, 78, was convicted in May on 34 counts of falsifying business records. The charges stemmed from a $130,000 payment to adult film actress Stormy Daniels during the 2016 presidential campaign to prevent her from going public about an alleged extramarital affair. Trump has consistently denied the affair.
During the trial, Manhattan District Attorney Alvin Bragg argued that the hush money payments were an attempt to cover up a scandal that could have damaged Trump’s campaign. Trump ultimately defeated Democrat Hillary Clinton in the 2016 election.
Postponed Sentencing
Judge Merchan postponed Trump’s sentencing indefinitely at a hearing on November 22, following Trump’s victory in the November 5 presidential election. Trump’s next term as president is set to begin on January 20. The judge must now decide whether to dismiss the case entirely or suspend any legal consequences until Trump leaves office.
Manhattan prosecutor Alvin Bragg has expressed support for suspending legal consequences, citing the “unprecedented circumstances” of Trump’s electoral victory.
A Contentious Legal and Political Battle
The filing underscores the ongoing political and legal tensions surrounding Trump’s presidency and his historic criminal conviction. Trump’s team has repeatedly dismissed the case as a politically motivated attack aimed at interfering with his electoral prospects.
While the court deliberates, the case continues to spark debate over the limits of presidential immunity, the role of the DOJ, and the broader implications of political prosecutions in the United States.
