President-elect Donald Trump’s defense attorneys are arguing that Trump’s Manhattan hush money conviction ought to be reversed, citing President Joe Biden’s pardon of his son Hunter.
According to a motion filed by Trump’s attorneys on Monday, President Biden claimed that his son was unfairly and selectively prosecuted and treated differently when he granted Hunter Biden a 10-year pardon yesterday that covers all crimes, whether charged or not.
These comments are a criticism of Biden’s own Justice Department, according to Trump’s attorneys, Todd Blanche and Emil Bove, whom he appointed to high-level Justice Department positions in his new administration. They also claim that New York District Attorney Alvin Bragg has done the same kind of political theater.
Earlier this year, Trump was successfully prosecuted by Bragg’s office for fabricating corporate records pertaining to hush money payments made to adult film star Stormy Daniels in 2016. Judge Juan Merchan delayed Trump’s penalty indefinitely after his reelection. The DA’s office stated that it will oppose any attempt to dismiss the case, despite Trump’s attorneys’ desire to have the conviction overturned.
Along with the pardon argument, Trump’s lawyers told the judge that since he was re-elected last month, his lawsuit ought to be dismissed.
According to their letter, the Supreme Court’s establishment of the Presidential immunity doctrine last summer and the Supremacy Clause provide a legal barrier to future criminal actions against President Trump because of his standing as President-elect and the soon-to-be sitting President.
They referenced the decision by special counsel Jack Smith to dismiss the two federal criminal cases he had brought against Trump the previous year, arguing that the move was made in accordance with a long-standing Justice Department rule that forbids the prosecution of a sitting president.
According to their statement, DOJ’s Office of Legal Counsel (OLC) has even compelled Smith to acknowledge that President Trump’s position as president-elect requires the dismissal of the unfair prosecutions that are still continuing against him.
Bragg’s office told the New York court last month that Trump’s felony conviction should stand even though it is unlikely that he will be penalized until after the conclusion of the defendant’s next term as president.
The case could be put on hold for four years, according to a source close to the district attorney’s office.
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Eliot Pierce is a dedicated writer for ChiefsFocus.com, covering local crime and finance news. With a keen eye for detail and a passion for storytelling, Eliot aims to provide his readers with clear and insightful analysis, helping them navigate the complexities of their financial lives while staying informed about important local events. His commitment to delivering accurate and engaging content makes him a valuable resource for the community.