Trump's Legal Team Seeks Dismissal of New York Case, Citing Political Bias and Constitutional Immunity

 December 3, 2024

A high-stakes legal battle unfolds as former President Donald Trump's attorneys move to dismiss charges in a New York criminal case, citing recent developments in Hunter Biden's legal situation.

According to Fox News, Trump's legal team filed a motion on Monday to dismiss the New York v. Trump case and vacate the jury's verdicts, leveraging President Biden's recent pardon of his son Hunter Biden as part of their argument.

The motion, submitted to the court, emphasizes multiple legal grounds for dismissal, including the presidential immunity doctrine, the Presidential Transition Act, and the Supremacy Clause. Trump's attorneys argue that these constitutional provisions necessitate an immediate dismissal of the case, which resulted in Trump's conviction on 34 counts of falsifying business records.

Presidential Pardon Impact Shapes Legal Strategy

Trump's legal team strategically incorporated President Biden's recent decision to pardon his son, Hunter Biden, into their dismissal argument. They specifically referenced Biden's characterization of his son's prosecution as selective and unfair, drawing parallels to their own case.

Steven Cheung, Trump's spokesman, and incoming White House communications director, characterized the motion as a "powerhouse" effort to end what he termed an unconstitutional and politically motivated case. He emphasized the importance of allowing Trump to continue his presidential transition process without obstruction.

The defense team strongly criticized Manhattan District Attorney Alvin Bragg's office, arguing that the case represents a form of political persecution rather than legitimate legal proceedings. They contend that the charges would never have been filed if not for Trump's political views and the movement he leads.

Constitutional Arguments Take Center Stage

The motion heavily relies on recent Supreme Court decisions regarding presidential immunity, particularly concerning protection from prosecution for official acts. Trump's attorneys argue that this precedent directly applies to their case.

Trump's legal team emphasized that local elected officials, such as District Attorney Bragg, lack the authority to cause disruptions to federal government operations. They cited this as a violation of the Supremacy Clause of the Constitution.

The attorneys also addressed Bragg's recent request to Judge Juan Merchan for a stay until the end of Trump's potential second term. They dismissed this suggestion, citing Department of Justice guidelines regarding the prosecution of sitting presidents.

New York Legal Battle Reaches Critical Junction

The case has seen significant developments since its inception under former Manhattan District Attorney Cyrus Vance. Under Bragg's leadership, the prosecution secured a guilty verdict on all counts following a six-week trial in New York City.

Recent events in Trump's other legal battles have influenced this case's trajectory. The dismissal of charges in the election interference case by Special Counsel Jack Smith and the withdrawal of the appeal in the classified records case demonstrate a shifting legal landscape.

Trump's team argues that continuing the case would interfere with his transition efforts and preparation for potentially assuming presidential duties following his election victory in November 2024.

Moving Forward After Legal Developments

The motion to dismiss represents a significant development in the complex legal proceedings surrounding former President Trump. Filed in response to his conviction on 34 counts of falsifying business records in New York, the motion leverages recent developments, including Hunter Biden's pardon and previous Supreme Court rulings on presidential immunity. The case's future now rests with Judge Juan Merchan, who must weigh the constitutional arguments presented by Trump's legal team against the prosecution's position.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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