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President-elect Donald Trump’s legal team has filed a motion to dismiss his conviction for falsifying business records, stemming from a $130,000 hush money payment to adult film actress Stormy Daniels during the 2016 election.
Trump’s lawyers argue the case presents an unconstitutional disruption to the presidency, citing the need for the president-elect to focus fully on national leadership.
In a filing made public Tuesday, Trump’s lawyers told Manhattan Judge Juan M. Merchan that continuing the case would undermine the peaceful transition of power. “Allowing this conviction to stand threatens the integrity of the presidency and the mandate given by the American people,” the filing stated.
The defense referenced President Joe Biden’s recent pardon of his son, Hunter Biden, who faced tax and gun charges, as an example of selective prosecution. “President Biden has condemned the use of legal systems to target political figures unfairly. The same standard must apply here,” the legal team argued.
District Attorney Alvin Bragg, who brought the case, now has until December 9 to respond. Bragg previously called the charges a necessary defense of election transparency, stating, “No one is above the law.”
Trump’s legal team, including attorneys Todd Blanche and Emil Bove, dismissed the prosecution’s offer to delay sentencing until Trump leaves office in 2029, calling it a “ridiculous suggestion.” Instead, they demanded immediate dismissal, asserting that the case diverts resources from critical issues. “Manhattan’s prosecutors should focus on the safety of its residents, not political theater,” the filing read.
The case hinges on allegations that Trump falsified business records to conceal the reimbursement of his former attorney Michael Cohen for the Daniels payment. Trump has denied any wrongdoing, calling the charges “a politically motivated witch hunt.”
The case gained additional complexity following a Supreme Court ruling that ex-presidents cannot be prosecuted for official acts. Trump’s lawyers argue that evidence from his presidency, such as financial disclosures, should not have been admissible.
Judge Merchan has not set a timeline for his decision. Should the conviction stand, Trump faces penalties ranging from fines to up to four years in prison, though legal experts believe imprisonment is unlikely.
An outright dismissal could provide Trump with significant political relief as he prepares for his second term.
