Former President Donald Trump is seeking to have his criminal conviction for fraud dismissed, referencing President Joe Biden’s recent pardon of his son, Hunter Biden. Trump’s legal team filed a motion on Monday, drawing parallels between the two cases and arguing that the justice system was used unfairly against him.
Hunter Biden was pardoned by his father, President Biden, on Sunday after being convicted earlier this year of tax evasion and illegal firearm possession. The president justified the pardon by stating his son had been “selectively, and unfairly, prosecuted” by the Department of Justice (DOJ) because of their familial ties.
In their 69-page filing, Trump’s lawyers highlighted Biden’s comments as evidence of bias within the DOJ, asserting, “This is the same DOJ that coordinated and oversaw the politically-motivated, election-interference witch hunts targeting President Trump.” They further invoked legal principles, such as presidential immunity and the Presidential Transition Act, to argue for the dismissal of the case.
The case against Trump stems from his May conviction on 34 counts of falsifying business records, linked to a $130,000 payment to adult film actress Stormy Daniels in 2016. Prosecutors claimed the payment was intended to silence Daniels about an alleged affair to protect Trump’s presidential campaign. Trump has denied the affair.
Judge Juan Merchan, who presided over the case, has postponed Trump’s sentencing indefinitely following his victory in the November 5 presidential election. Trump’s term is set to begin on January 20, and the judge must now decide whether to dismiss the case entirely or delay any legal proceedings until Trump leaves office.
Manhattan District Attorney Alvin Bragg has argued that delaying sentencing would be appropriate given the unprecedented circumstances, though he maintains the payments were meant to influence the 2016 election.
