OAN Staff Abril Elfi
5:04 PM – Tuesday, December 3, 2024
Attorneys for President-elect Donald Trump have called on the judge overseeing his falsifying records case to dismiss the indictment, citing President Joe Biden’s pardoning of his son Hunter.
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On Tuesday, the filing was made public by Trump’s lawyers.
“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,’” the filing, which was made public Tuesday, reads.
“President Biden argued that ‘raw politics has infected this process and it led to a miscarriage of justice.’ These comments amounted to an extraordinary condemnation of President Biden’s own DOJ,” the filing continued. “Manhattan District Attorney Alvin Bragg has engaged in ‘precisely the type of political theater’ that President Biden has condemned.”
Bragg’s office charged Trump with falsifying business records regarding an alleged “hush money” payment made to porn star Stormy Daniels in the final days of the 2016 presidential election. In May, a New York jury found Donald Trump guilty on all 34 counts.
Nevertheless, Judge Juan Merchan has now postponed Trump’s sentencing indefinitely, citing his election victory and the fact that he is protected by presidential immunity.
The District Attorney’s office stated that it was not opposed to the postponement.
In their filing, Trump attorneys Todd Blanche and Emil Bove also cited presidential immunity as a reason for Merchan to dismiss the indictment, as well as 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 states, adding “this case should never have been brought.”
“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 filing continued, stating that the prosecutor’s “ridiculous suggestion that they could simply resume proceedings after President Trump leaves Office, more than a decade after they commenced their investigation in 2018, is not an option.”
They are also urging the dismissal of the indictment in the “interests of justice,” since the prosecution could prompt “enduring consequences upon the balanced power structure of our republic, and the type of factional strife that President Biden decried in yesterday’s blanket pardon announcement.”
“As President Biden put it yesterday, ‘Enough is enough,’” it added.
On Sunday, Joe pardoned his son after he pleaded guilty to federal tax crimes and was convicted of federal gun charges earlier this year.
The District Attorney’s Office has until December 9th to respond to the filing.
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