Trump Lawyers Urge Judge to Dismiss Conviction, Cite Hunter Biden’s Pardon
Lawyers for Donald Trump urged the judge who presided over his conviction for falsifying business records to dismiss the indictment against the president-elect, citing the language President Joe Biden used when he announced he had pardoned his son.
Main Arguments
The filing, which was made public on Tuesday, reads: “Yesterday, in issuing a 10-year pardon to Hunter Biden that covers any and all crimes whether charged or uncharged, President Biden asserted that his son was ‘selectively, and unfairly, prosecuted,’ and ‘treated differently.’ These comments amounted to an extraordinary condemnation of President Biden’s own DOJ.” Manhattan District Attorney Alvin Bragg “has engaged in ‘precisely the type of political theater’ that President Biden has condemned.”
Presidential Immunity and Political Motivation
In their filing, Trump attorneys Todd Blanche and Emil Bove cited presidential immunity protections as a reason for the judge to dismiss the indictment, while also portraying the prosecution as politically motivated and legally problematic. “This case is based on a contrived, defective, and unprecedented legal theory relating to 2017 entries in documents that were maintained hundreds of miles away from the White House where President Trump was running the country,” the filing says. “This case should never have been brought.”
Call to Dismiss
The DA’s “disruptions to the institution of the Presidency violate the Presidential immunity doctrine because they threaten the functioning of the federal government,” the filing said. “The DA’s office prosecuted Trump for falsifying business records related to a hush money payment made to adult film star Stormy Daniels in the closing days of the 2016 presidential election. A jury in May found Trump guilty on all 34 counts.
Conclusion
The Trump team is urging the judge to dismiss the indictment, citing Hunter Biden’s pardon as an example of the alleged political motivation behind the prosecution. The filing also references Trump’s “extraordinary service” to the country, as well as presidential immunity protections. If the judge disagrees and plans to schedule a sentencing, Trump’s lawyers are requesting a two-week stay to allow for federal injunctive relief.
FAQs
Q: What is the reason for Trump’s lawyers’ request to dismiss the indictment?
A: Trump’s lawyers are citing Hunter Biden’s pardon and the language President Biden used when announcing the pardon, as well as alleging that the prosecution is motivated by politics and threatens presidential immunity.
Q: What is the issue with the prosecution?
A: Trump’s lawyers argue that the DA’s office has engaged in “precisely the type of political theater” that President Biden has condemned, and that the case is based on a flawed legal theory.
Q: What is presidential immunity, and how does it relate to the case?
A: Presidential immunity is a concept that suggests that the president cannot be prosecuted for their official actions while in office. Trump’s lawyers are arguing that the prosecution is disrupting the institution of the Presidency and threatening the functioning of the federal government.
