NEW YORK, NEW YORK - MAY 30: Former U.S. President Donald Trump departs the courtroom after being found guilty on all 34 counts in his hush money trial at Manhattan Criminal Court on May 30, 2024 in New York City. The former president was found guilty on all 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. Trump has now become the first former U.S. president to be convicted of felony crimes. (Photo by Justin Lane-Pool/Getty Images)
President-elect Donald Trump’s legal team filed a motion Monday asking Manhattan Judge Juan M. Merchan to dismiss his hush money conviction, arguing that continuing the case would cause unconstitutional disruptions to his presidential transition.
Citing Presidential Transition and National Mandate
In their filing, Trump’s lawyers argued that the proceedings undermine his ability to prepare for office, calling the case “failed lawfare” and referencing his election win as an “overwhelming national mandate” from voters on November 5.
The legal team emphasized that the conviction and ongoing legal battles could hinder Trump’s efforts to lead the nation. “Wrongly continuing proceedings disrupts President Trump’s transition efforts,” the motion stated.
Comparison to Hunter Biden Pardon
Trump’s lawyers drew parallels to President Joe Biden’s recent pardon of his son, Hunter Biden, who faced tax and gun charges. They argued that the Manhattan district attorney’s case against Trump represents the same type of politically motivated prosecution that Biden condemned.
“President Biden asserted his son was ‘selectively and unfairly prosecuted,’ and the same principle applies here,” Trump’s attorneys claimed in their filing.
Prosecutors’ Deadline and Possible Outcomes
Prosecutors have until December 9 to respond to the motion. While they have signaled their intention to fight any dismissal, they’ve also shown openness to delaying sentencing until after Trump’s second term ends in 2029.
Judge Merchan has already postponed Trump’s sentencing, originally set for late November, and has delayed ruling on a separate immunity motion. Trump’s legal team has also pursued a federal appeal to move the case out of state court.
Historic Conviction Under Scrutiny
Trump’s conviction stems from a $130,000 payment to adult film actor Stormy Daniels, allegedly to silence her claims of an affair during his 2016 campaign—a claim Trump denies. The case marked Trump as the first former president convicted of a crime and the first convicted individual elected to the presidency.
A dismissal would erase the conviction, sparing Trump a criminal record and potential prison sentence. However, Merchan could also choose to uphold the verdict, proceed to sentencing, delay the case until after Trump leaves office, or wait for a federal appeals court decision on jurisdiction.
Trump is set to take office on January 20, while the future of the case remains in the hands of the court.
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