Donald Trump’s legal team has filed a motion demanding the dismissal of his New York hush-money conviction, arguing that his recent election victory renders the case politically motivated and unjust, Bloomberg reports.
The filing, submitted to Justice Juan Merchan, cites President Joe Biden’s pardon of his son, Hunter Biden, as evidence of a double standard in the application of justice.
Trump was convicted in May on 34 felony counts of falsifying business records related to a $130,000 payment made to adult film actress Stormy Daniels during the 2016 presidential campaign. He faces up to four years in prison, but sentencing, originally scheduled for November 26th, has been postponed pending Justice Merchan’s decision on the motion to dismiss.
Trump’s lawyers contend that District Attorney Alvin Bragg engaged in “selective prosecution,” mirroring the criticism leveled by President Biden regarding Hunter Biden’s case. They point to President Biden’s statement that his son was a victim of “raw politics” and a “miscarriage of justice,” arguing that the same principle applies to Trump’s case.
The filing further alleges that the case rests on a “contrived, defective, and unprecedented legal theory” and that key witness testimony was false. A novel argument included in the motion asserts that Trump possesses “categorical immunity” from prosecution due to his newly elected status.
Beyond the claims of political targeting, the lawyers warn that proceeding with the Manhattan case would have “harmful impacts on the federal government” and threaten the “balanced power structure of our Republic.” Trump has consistently maintained his innocence throughout the proceedings.
