Trump Files Motion to Dismiss Hush Money case Referencing Hunter Biden Pardon

By Evans Momodu
5 minutes read

Donald Trump has filed a motion to dismiss the New York hush money case in which he was convicted earlier this year, arguing that his election as president should nullify the charges. This legal move, if successful, would erase the first criminal conviction ever rendered against a U.S. president.

Background on the Conviction

In May, a New York jury found Trump guilty on 34 counts of falsifying business records tied to "hush money" payments made to adult film actress Stormy Daniels during the 2016 presidential campaign.

Trump allegedly directed his then-lawyer, Michael Cohen, to pay Daniels $130,000 to silence her claims of an affair, which prosecutors argued constituted election fraud.

The case marked a historic first in U.S. politics, with Trump becoming the only president to face criminal conviction. Sentencing was initially scheduled for late November but was delayed indefinitely to allow time for Trump’s motion to dismiss the case.

Arguments for Dismissal

Trump's legal team contends the case creates unconstitutional obstacles to his ability to govern as president, labelling it a "politically motivated" effort. They argue that allowing the conviction to stand or proceeding to sentencing would violate presidential immunity and disrupt federal governance.

The filing also draws parallels to President Joe Biden’s recent pardon of his son, Hunter Biden, for tax and gun-related charges, accusing Biden of undermining trust in the Department of Justice (DOJ).

Trump’s lawyers argue the hush money case reflects similar “political theatre” and “raw politics,” as alleged in Biden’s comments on his son's prosecution.

The lawyers also claim that resuming proceedings after Trump leaves office, potentially years into the future, would be unjust and impractical. They further highlight Trump’s “extraordinary service” to the nation and his contributions to New York City as additional reasons for dismissal.

Prosecutors' Deadline

The Manhattan District Attorney’s Office, led by Alvin Bragg, has until December 9 to respond to the motion. Bragg has consistently defended the prosecution, arguing that the charges were supported by evidence and rooted in Trump’s efforts to subvert campaign finance laws.

Potential Outcomes

• Dismissal: The case would be nullified, erasing Trump’s conviction and sparing him a criminal record or prison sentence.
• Proceeding to Sentencing: The judge could deny the motion and set a new sentencing date.
• Postponement: The case could be delayed until the conclusion of Trump’s presidency, based on claims of presidential immunity.
• Appeals: Trump’s legal team could seek relief through federal courts if the motion is denied.

Political Implications

This legal battle intertwines heavily with Trump’s political career, especially as he prepares to take office in January.

Critics argue the case has significant implications for the independence of the judicial system, particularly as Trump’s team has vowed to nominate the lawyers behind the motion, Todd Blanche and Emil Bove, to senior positions in the DOJ. These appointments would place the case’s critics at the helm of the very system pursuing the charges.

The outcome of this motion will likely carry far-reaching consequences, both legally and politically, for Trump and the U.S. justice system.
Source: Sky news