Trump lawyers submit motion to dismiss 'unsuccessful legal warfare' lawsuit in New York, citing Hunter Biden's pardon.
On Sunday night, President Biden issued a broad pardon to his son.
The legal team for President-elect Donald Trump has formally requested to dismiss charges against him in the New York v. Trump case, stating that the "unfounded lawsuit" should never have been initiated.
"The motion to dismiss and vacate the jury's verdicts was submitted by President Donald J. Trump, who argued that the Presidential immunity doctrine, the Presidential Transition Act, and the Supremacy Clause all require it immediately."
In the initial part of their case for dismissal, Trump lawyers referenced President Biden's choice to pardon his son, Hunter Biden.
"President Biden defended his son Hunter Biden's 10-year pardon, stating that he was unfairly and selectively prosecuted, and treated differently. Biden argued that the process was tainted by raw politics and resulted in a miscarriage of justice."
Trump lawyers claimed that Biden's remarks constituted a highly critical condemnation of his own Justice Department.
"The DOJ that coordinated and oversaw politically-motivated election interference witch hunts targeting President Trump by disgraced Special Counsel Jack Smith and others is the same DOJ that sent Matthew Colangelo to DA Bragg to unfairly target President Trump in an empty and lawless case. Since DA Bragg took office, he has engaged in "precisely the type of political theater" that President Biden condemned."
Trump's lawyers claimed that the New York v. Trump case is built on a flawed and unconventional legal theory concerning 2017 entries in documents kept far from the White House, where Trump was managing the country at the time.
"The only aggravating factors in this case are those resulting from DANY's misconduct. Given that DA Bragg's failure to address violent crime in the city is causing daily harm to New Yorkers, this case should not have been brought during this time."
Trump's legal team argued that the case would not have been brought if it were not for his political views, the national movement he established, and the political threat he poses to corrupt politicians in Washington, D.C. and beyond.
Trump lawyers argued that continuing the proceedings in this unsuccessful lawsuit is disrupting the president's transition and his preparation to exercise the full Article II executive power granted to him by the Constitution, as mandated by the American people on November 5, 2024.
The Supreme Court's ruling on presidential immunity from official acts poses a threat to the functioning of the federal government, according to Trump attorneys.
"The federal Constitution is an absolute "legal impediment" to further proceedings, as the case must be immediately dismissed due to the violation of the Supremacy Clause by local elected officials such as DA Bragg causing disruptions with no valid basis."
Trump's legal team claimed that Bragg's prosecution poses a threat to the "balanced power structure of our Republic" and the "factional strife" that Biden condemned in his pardon announcement.
The Special Counsel's Office was "forced to concede" by them.
A federal judge dismissed charges against Trump in his 2020 election interference case, and Special Counsel Jack Smith rescinded his appeal in his classified records case against Trump, which was tossed in July by a federal judge in Florida who ruled Smith was appointed unlawfully as special counsel.
Last month, Bragg requested to Judge Juan Merchan to postpone the case until the conclusion of Trump's second term. However, Trump's attorneys pointed out that the Office of Legal Counsel in the Justice Department determined that "the absolute ban on federal prosecution of a sitting president, even if the case were put on hold, applies to this scenario."
The suggestion that they could resume proceedings after President Trump leaves office, more than a decade after they commenced their investigation in 2018, is not an option, as Bragg wrote.
Trump was charged with 34 counts of falsifying business records in the first degree, which stemmed from an investigation led by former Manhattan District Attorney Cyrus Vance and was later prosecuted by Manhattan District Attorney Bragg.
In a historic six-week trial in New York City, the president was found guilty on all charges.
politics
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