Trump Cites Biden Pardon to Get NY Hush-Money Case Tossed (1)

Donald Trump’s lawyers told a judge that his New York hush money conviction must be dismissed as a result of his election victory, arguing that the president-elect was unfairly targeted by prosecutors.

In a court filing, Trump’s lawyers cited President Joe Biden’s controversial decision to pardon his son, Hunter Biden, whose own criminal case his father claimed was politically tinged and excessive. Trump’s team argued that New York District Attorney Alvin Bragg has committed the same kind of selective prosecution that Biden complained about.

“Since DA Bragg took office, he has engaged in ‘precisely the type of political theater’ that President Biden condemned,” Trump’s lawyers said in the filing made public Tuesday.

Trump faces as long as four years in prison after a jury in May found him guilty on 34 felony counts of falsifying business records. Justice Juan Merchan has postponed Trump’s sentencing — rescheduled for Nov. 26 — while he decides how to proceed now that Trump has been elected.

In their brief, Trump’s lawyers told Merchan that when the current president pardoned his son on Dec. 1, he said the move was justified because “raw politics” had led to a “miscarriage of justice” for Hunter Biden.

Read More: Why Biden’s Pardon of His Son Is So Controversial

Trump’s team said his case also was tainted by “contrived, defective and unprecedented legal theory.” They insisted the hush-money case should never have been brought and should now be immediately dismissed.

Since Trump was indicted in March 2023, he has repeatedly argued the prosecution was politically motivated, but the pardon added a new twist to the complaint.

The lawyers cited other reasons for dismissing the case, ranging from false testimony by a key witness to claiming Trump has “categorical immunity” from prosecution because of his election last month. The New York case is the only one of four criminal cases against Trump to go to trial.

Bragg’s “wrongful prosecution threatens enduring consequences upon the balanced power structure of our Republic,” Trump’s lawyers said. They also argued that there would be “harmful impacts on the federal government” if the Manhattan case proceeded.

In May, a New York state jury convicted Trump for concealing a $130,000 payment to former adult-film actress Stormy Daniels to keep her quiet about an alleged sexual encounter. Trump has consistently denied wrongdoing.

Open to Delay

Bragg, who brought the case last year, said last month that he’ll fight any attempt to dismiss the case, but indicated prosecutors are open to delaying any proceedings while Trump is in the White House.

Postponing Trump’s sentencing until he leaves office isn’t feasible under the Constitution and “would hold the prospect of a 2029 sentencing” over his head while he is in the White House, Trump’s lawyers said.

“President Trump would be required to operate under an apprehension that the motives that control his official conduct may, at any time, become the subject of inquiry’ at a future sentencing,” according to the filing.

Trump’s defense team also argued Bragg’s office should follow the steps taken by the Justice Department, which moved to dismiss the two criminal cases against the former president, citing a Justice Department rule against prosecuting a sitting president.

Bragg’s office said late last month that is that presidential immunity was “temporary” and “should not lead to consequences that forever thwart the public’s interest in enforcing its criminal laws.”

Trump has nominated two of his lawyers in the case, Todd Blanche and Emil Bove, to serve in top positions in the US Justice Department.

Bragg has until Monday to reply to Trump’s request.

(Updates with details from filing.)

To contact the reporters on this story:
Patricia Hurtado in Federal Court in Manhattan at pathurtado@bloomberg.net;
Erik Larson in New York at elarson4@bloomberg.net

To contact the editors responsible for this story:
Ben Bain at bbain2@bloomberg.net

Anthony Aarons, Steve Stroth

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