(ProsperNews.net) – President-elect Donald Trump’s legal team has filed a motion to dismiss the criminal case against him in New York, calling it a “failed lawfare” effort and citing President Joe Biden’s recent pardon of his son, Hunter Biden, as a precedent. Trump’s attorneys argue the charges are politically motivated and violate constitutional protections, particularly during his transition to the presidency.
The motion, filed in Manhattan court, claims the case brought by District Attorney Alvin Bragg is unconstitutional and interferes with Trump’s ability to assume office. Trump’s lawyers cited presidential immunity, the Presidential Transition Act, and the Supremacy Clause as grounds for immediate dismissal.
Central to their argument is Biden’s pardon of Hunter Biden, which criticized “raw politics” and selective prosecution. Trump’s legal team argued that the pardon sets a precedent, highlighting the parallels between the perceived politicization of Hunter Biden’s case and Trump’s legal battles. They referred to Biden’s decision as an “extraordinary condemnation” of the Department of Justice and claimed the New York case reflects a similar misuse of legal authority.
The filing also takes aim at Bragg, accusing him of pursuing a politically motivated case based on “defective and unprecedented” legal theories. The charges, which stem from alleged hush-money payments during Trump’s 2016 campaign, include 34 counts of falsifying business records. Trump’s attorneys have labeled the case as unconstitutional, especially Bragg’s earlier request to pause proceedings until after Trump’s presidency. They argued such delays violate federal governance principles.
In their motion, Trump’s lawyers also referenced a recent Supreme Court ruling affirming presidential immunity, claiming that the case undermines constitutional protections for federal leaders. They further contended that resuming the case after Trump’s presidency would be legally untenable, framing the prosecution as an overreach of state authority.
Trump spokesperson Steven Cheung described the motion as a pivotal step toward ending partisan legal pursuits. “This baseless case is a distraction from the work President Trump is preparing to do for the American people,” Cheung said, emphasizing Trump’s focus on leading the nation.
The motion intensifies the legal battle surrounding Trump as he prepares to take office in January. With far-reaching implications for executive authority and the relationship between politics and law, the case has drawn national attention and fueled ongoing debates about the role of the judiciary in high-profile political matters.
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