Lawyers for President-elect Donald Trump formally requested on Monday that a Manhattan judge dismiss the case involving the falsification of business records related to a payment made to an adult film actress in exchange for her silence over an alleged affair, arguing that continuing the case would present a “unconstitutional barrier” to the institution of the presidency.
In a filing made public on Tuesday, Trump’s legal team told Manhattan Judge Juan M. Merchan that the case must be dismissed due to the “clear mandate” given to Trump by the American people on November 5, 2024.
The defense also cited the recent pardon granted by President Joe Biden to his son, Hunter Biden, who had pleaded guilty to tax evasion and gun-related offenses.
“President Biden stated that the prosecution of his son was selective and unfair, and that he was ‘treated differently,’” Trump’s lawyers wrote in the filing. They claimed that the Manhattan District Attorney’s office was engaged in the same type of political theater that President Biden condemned.
Prosecutors will have until December 9 to respond. They have stated they will fight any attempt to dismiss the case but have expressed a willingness to delay sentencing until after Trump’s second term ends in 2029. However, Trump’s lawyers dismissed the idea of postponing the sentence until after Trump’s term, calling it a “ludicrous suggestion.”
After Trump’s victory in the recent election, Judge Merchan halted the proceedings and postponed Trump’s sentencing, which was originally set for the end of November, to allow the defense and prosecution to explore alternatives for the future of the case. He also delayed a decision on Trump’s previous request to dismiss the case on immunity grounds.
Trump has fought for months to change the ruling that found him guilty of 34 counts of business record falsification for concealing a $130,000 payment made to adult film actress Stormy Daniels in exchange for her silence about a sexual relationship they had a decade ago. Trump has denied any wrongdoing, insisting that the legal challenges, like the other three criminal cases against him, are politically motivated.
The dismissal of the case, his lawyers argued, would allow the President-elect to focus all his energy on defending the country.
In May, Trump became the first former U.S. president to be convicted of criminal charges in a New York court.
If the case is dismissed, it would wipe out the historic ruling against Trump, sparing him the burden of a criminal record and the possibility of prison time. Trump is set to begin his second term as President on January 20. At the request of Special Counsel Jack Smith, two other legal cases against Trump have already been dismissed—one related to election interference in 2020 and another for the illegal possession of classified documents.
