NEW YORK, USA – Lawyers for President-elect Donald Trump have filed a motion to dismiss his conviction for falsifying business records, citing remarks made by President Joe Biden when he issued a sweeping pardon for his son, Hunter Biden.
The filing argues that Biden’s comments, in which he condemned what he described as a “selective and unfair” prosecution of his son, undermine the legitimacy of Trump’s own case.
Trump’s legal team, led by attorneys Todd Blanche and Emil Bove, described the Manhattan District Attorney’s case as a politically motivated prosecution based on an “unprecedented legal theory.”
Trump was convicted in May on 34 counts related to falsified records concerning a hush-money payment to adult film star Stormy Daniels during the 2016 presidential campaign.
Biden’s Comments Spark Legal Challenge
In their motion, Trump’s attorneys seized on Biden’s statements made during the announcement of his 10-year pardon of Hunter Biden.
The president said his son had been “selectively, and unfairly, prosecuted” and described the process as politically tainted.
“These comments amounted to an extraordinary condemnation of President Biden’s own DOJ,” the filing said, arguing that Manhattan District Attorney Alvin Bragg’s prosecution of Trump reflects the same alleged issues Biden criticised.
Blanche and Bove contended that Bragg’s pursuit of the case violated the principle of presidential immunity, which they argue protects Trump as a sitting president-elect.
Claims of Political Motivation
Trump’s lawyers framed the case as a disruption to the presidency, saying it posed “enduring consequences upon the balanced power structure of our republic.”
The filing argued that the prosecution threatens the functioning of the federal government and should have been dismissed long before trial.
“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 said.
The motion also took aim at suggestions by Bragg’s office that proceedings could resume after Trump leaves office.
Trump’s team dismissed this idea as “ridiculous,” citing concerns over delayed justice and the potential for political disruption years into the future.
Calls for Dismissal Based on “Extraordinary Service”
The motion further highlighted Trump’s “extraordinary service” to the nation as a reason for dismissal, describing his contributions as “too numerous to count.”
Blanche and Bove also invoked Biden’s own words, saying, “As President Biden put it yesterday, ‘Enough is enough.’”
They argued that Biden’s pardon of his son set a precedent that should lead to the dismissal of Trump’s case “in the interests of justice.”
Broader Criticism of the DOJ
The filing did not shy away from criticising the Justice Department, accusing it of overseeing “politically motivated, election-interference witch hunts targeting President Trump.”
These remarks are notable given Trump’s intention to nominate Blanche and Bove for high-ranking roles in the Justice Department, should they prevail in their motion.
What’s Next?
The Manhattan District Attorney’s office has until Monday to respond to the motion. A spokesperson for Bragg declined to comment.
Trump spokesperson Steven Cheung praised the motion as a “powerhouse” that gives the judge a chance to “end what remains of this charade immediately.”
State Judge Juan Merchan, who has postponed sentencing indefinitely, will review the motion in the coming weeks.
Trump’s legal team has also requested a two-week stay to pursue federal injunctive relief should the judge reject their dismissal motion.
The filing marks the latest development in Trump’s legal battles as he prepares to take office, setting the stage for further clashes over the boundaries of presidential immunity and the interplay between state and federal justice systems.
