Donald Trump’s legal team has filed a motion to dismiss the criminal fraud conviction related to his hush money payments, citing the recent pardon of Hunter Biden as a key argument. The filing, made public Tuesday, draws on the reasoning used by President Joe Biden in pardoning his son, Hunter Biden, who had been convicted of tax evasion and illegal firearm possession earlier this year.
Biden granted his son a pardon on Sunday, claiming that Hunter was “selectively and unfairly prosecuted” by the Department of Justice (DOJ) “only because he is my son.” Trump’s lawyers argue that these comments, in which Biden condemned the DOJ’s actions, are consistent with their case, alleging that the DOJ’s handling of Trump’s legal matters has been politically motivated and part of a broader “election-interference witch hunt” against the former president.
The motion to dismiss, filed on Monday, also invokes the doctrine of presidential immunity, which the U.S. Supreme Court has ruled extends to actions taken by a sitting president, and references the Presidential Transition Act among other legal precedents. Trump’s defense team has called for the immediate dismissal of the indictment and the vacation of the jury’s verdicts.
Trump, who was convicted in May of 34 counts related to falsifying business records to cover up a $130,000 payment to pornographic actress Stormy Daniels ahead of the 2016 election, is seeking to have the case dismissed. Judge Juan Merchan, who presided over Trump’s trial, postponed the sentencing indefinitely on November 22, following Trump’s victory in the November 5 election.
With the legal battle ongoing, Merchan must now decide whether to throw out the case or delay legal consequences until after Trump’s presidential term begins on January 20. Manhattan prosecutor Alvin Bragg has expressed support for the latter, given the “unprecedented circumstances” created by Trump’s electoral win.
Trump has consistently denied having an affair with Daniels, and the payments were framed as an effort to shield his campaign from a scandal during the final stages of the 2016 presidential race.