HUFF POST | Published December 4, 2024
The attorneys invoked Hunter Biden to argue the case was politically motivated.
Attorneys for Donald Trump filed a request on Tuesday asking New York Supreme Court Judge Juan Merchan to dismiss the hush money case against the president-elect despite the guilty verdict delivered in May.
The lengthy filing comes after Merchan indefinitely delayed Trump’s sentencing date last month, following his reelection, as sitting presidents cannot be prosecuted. His sentencing had already been pushed back several times due to the Supreme Court’s landmark decision expanding presidential immunity.
Nothing short of a full dismissal will do, Trump’s attorneys argued, objecting to the idea of postponing the sentencing to the end of Trump’s second term in 2029.
“[I]t would be egregious and unlawful for this Court to hold the prospect of a 2029 sentencing over President Trump’s head while he continues his service to this Country,” the filing read.
The lawyers’ arguments centred on the immunity ruling and the Constitution’s Supremacy Clause establishing that the federal government takes precedence over state-level affairs. But much of the document was devoted to arguing that the trial itself had been unfair to Trump.
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SOURCE: www.huffingtonpost.co.uk
RELATED: Donald Trump seeks dismissal of hush money case, cites Hunter Biden’s pardon in appeal
Trump’s request follows his victory in the November 5 presidential election, in which he has secured another term starting from January 20.
U.S. President-elect Donald Trump arrives prior to meeting with President Joe Biden and members of Congress in Washington. (Photo source: Reuters)
FINANCIAL EXPRESS | Published December 4,, 2024
US President-elect Donald Trump has called on a New York state judge to dismiss the criminal case against him. He was convicted in May on 38 felony counts related to hush money payments that were made by him to adult film actress Stormy Daniels. Trump’s request follows his victory in the November 5 presidential election, in which he has secured another term starting from January 20. As per a Reuters report, Justice Juan Merchan has earlier postponed Trump’s sentencing which was slated to take place on November 26, and allowed him to argue for the case’s dismissal.
Trump’s legal team also cited President Joe Biden’s recent pardon of his son, Hunter Biden, who had been convicted of tax and gun charges. “President Biden asserted that his son was ‘selectively, and unfairly, prosecuted,’ and ‘treated differently,’” Trump’s legal team wrote.
Former US President’s legal team claimed that the case’s continuation during his presidency would create ‘’unconstitutional impediments’’ to his ability to govern successfully. The delay of the sentencing has been accepted by the prosecutors from Manhattan District Attorney Alvin Bragg’s office but they have opposed the motion for dismissal. A response from the prosecution is expected by December 9, though a decision on a timeline or a new sentencing date has not been declared yet.
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SOURCE: www.financialexpress.com
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