Trump attorneys file motion to dismiss ‘failed lawfare’ case in New York, citing Hunter Biden pardon

Lawyers representing President-elect Donald Trump have filed a formal request to dismiss charges against him in the case of New York v. Trump, arguing that the case is a “failed lawfare” tactic that should never have been brought to court. The motion to dismiss was submitted to the court on Monday, with Trump’s legal team stating that the case should be dismissed immediately.

In their argument for dismissal, Trump’s attorneys pointed to President Biden’s recent decision to pardon his son, Hunter Biden, for any and all crimes, whether charged or uncharged. They highlighted Biden’s comments criticizing the Department of Justice for what he called “selective and unfair prosecution” in his son’s case, arguing that the same DOJ is responsible for targeting Trump in the New York v. Trump case.

The legal team argued that the case against Trump is based on a flawed legal theory related to entries in documents from 2017 that were maintained far from the White House where Trump was conducting official business. They also claimed that the case was politically motivated and should never have been brought in the first place.

The attorneys further argued that continuing with the case would disrupt Trump’s transition efforts and his preparations to assume executive power. They cited the Supreme Court’s ruling on presidential immunity, stating that the case threatens the functioning of the federal government and violates the Supremacy Clause of the Constitution.

Last month, a federal judge dismissed charges against Trump in his 2020 election interference case at the request of Special Counsel Jack Smith. Smith also dropped his appeal in a separate case related to classified records, which was dismissed earlier by a Florida judge who ruled Smith’s appointment as special counsel was unlawful.

Manhattan District Attorney Alvin Bragg had requested that the case be stayed until the end of Trump’s second term, but Trump’s legal team argued that the federal indictment of a sitting president is prohibited, even if the case is put on hold. They rejected the suggestion that proceedings could resume after Trump leaves office, calling it a “ridiculous suggestion.”

Overall, Trump’s lawyers believe that the case against him is politically motivated and should be dismissed immediately. They argue that the prosecution threatens the balance of power in the Republic and creates factional strife, echoing concerns raised by President Biden in his recent pardon announcement. The outcome of this legal battle remains uncertain, but Trump’s legal team is determined to fight for his innocence and vindication.