Donald Trump’s legal team has filed a motion to dismiss the criminal charges against him related to the 2016 hush money payments, citing President Joe Biden’s recent pardon of his son, Hunter Biden. In the filing, Donald Trump’s attorneys argue that Biden’s actions in pardoning Hunter, who faced charges for tax evasion and illegally possessing a firearm, should set a precedent for dismissing the charges against Donald Trump.
Hunter Biden was pardoned by his father on Sunday, just weeks after being convicted on federal charges earlier this year. The pardon was granted after Hunter Biden contended that he was “selectively and unfairly prosecuted” by the Department of Justice (DOJ) due to his family ties. Donald Trump’s legal team sees this move as an indication that selective prosecution, especially in politically charged cases, should be considered in their own defense. They assert that Biden’s comments regarding his son’s prosecution were an “extraordinary condemnation” of his own DOJ and argue that the same DOJ targeted Donald Trump with politically motivated investigations.
The motion, filed on Monday, draws on several legal arguments, including presidential immunity. Donald Trump’s attorneys invoke a Supreme Court ruling that extends immunity to “official acts” taken by a sitting president. They also reference the Presidential Transition Act and other legal precedents in their attempt to have the charges against Donald Trump dismissed and the jury’s verdicts vacated.
Donald Trump, 78, was found guilty in May of 34 counts of falsifying business records. The charges stem from efforts to cover up a $130,000 payment made to adult film actress Stormy Daniels. The payment was intended to silence her during the final weeks of the 2016 election campaign, a period when Donald Trump was running against Democrat Hillary Clinton. Donald Trump has consistently denied any affair with Daniels, and his legal team maintains that the payments were made for legal and business purposes, not as an attempt to influence the election.
Judge Juan Merchan, who is overseeing the case, postponed Donald Trump’s sentencing indefinitely on November 22, in light of his successful presidential campaign victory on November 5. In response to Donald Trump’s defense team filing the motion to dismiss, Judge Merchan will now decide whether to throw out the case entirely or suspend any legal consequences until after Donald Trump’s next term in office, which begins on January 20, 2025. Manhattan District Attorney Alvin Bragg has indicated support for a delay in proceedings, given the unprecedented nature of Donald Trump’s electoral victory and the complexities surrounding the case.
As the legal battle continues, the outcome of this case remains uncertain, with Donald Trump’s defense team hoping for a favorable ruling that would allow him to move forward in his upcoming presidential term without the shadow of criminal charges hanging over him.
