{"id":35457,"date":"2024-12-03T18:10:00","date_gmt":"2024-12-04T00:10:00","guid":{"rendered":"https:\/\/ustower.net\/?p=35457"},"modified":"2024-12-03T21:40:42","modified_gmt":"2024-12-04T03:40:42","slug":"trump-cites-hunter-biden-pardon-in-latest-legal-attempt-to-throw-out-hush-money-conviction","status":"publish","type":"post","link":"https:\/\/ustower.net\/?p=35457","title":{"rendered":"Trump cites Hunter Biden pardon in latest legal attempt to throw out hush money conviction"},"content":{"rendered":"\n

Defense lawyers for President-elect Donald Trump are using President Joe Biden\u2019s pardon of his son Hunter\u2002<\/u><\/a>to argue that Trump\u2019s conviction in his Manhattan hush money case should be dismissed.<\/p>\n\n\n\n

\u201cYesterday in issuing a 10 year pardon to Hunter Biden that covers any and all crimes whether charged or uncharged, President Biden asserted that his son was \u2018selectively, and unfairly prosecuted\u2019 and \u2018treated differently,\u2019\u201d Trump lawyers wrote in a motion filed Monday<\/u><\/a>.<\/p>\n\n\n\n

Trump\u2019s lawyers \u2013 Todd Blanche and Emil Bove \u2013 whom he has picked for top Justice Department posts<\/u><\/a> in his new administration \u2013 argue these comments amount to a condemnation of Biden\u2019s own Justice Department and that New York District Attorney Alvin Bragg has engaged in the same kind of \u201cpolitical theater.\u201d<\/p>\n\n\n\n

Bragg\u2019s office successfully prosecuted Trump earlier this year for falsifying business records related to hush money payments made to adult film star Stormy Daniels in 2016. Judge Juan Merchan indefinitely postponed<\/u><\/a> Trump\u2019s sentencing in the case after Trump won reelection. Trump\u2019s lawyers also want the conviction dismissed, but the DA\u2019s office says it will oppose any effort to toss the case.<\/p>\n\n\n\n

In addition to the pardon argument, Trump\u2019s attorneys also told the judge that his case should be dismissed given his reelection last month.<\/p>\n\n\n\n

\u201cPresident Trump\u2019s status as President-elect and the soon-to-be sitting President is a \u2018legal impediment\u2019 to further criminal proceedings based on the Presidential immunity doctrine (established by the Supreme Court last summer) and the Supremacy Clause,\u201d they wrote.<\/p>\n\n\n\n

They pointed to special counsel Jack Smith\u2019s decision to end the two federal criminal cases he had brought against Trump last year \u2013 a decision Smith said was rooted in longstanding Justice Department policy barring the department from criminally pursuing a sitting president.<\/p>\n\n\n\n

\u201cEven (Smith) has been forced to concede, by DOJ\u2019s Office of Legal Counsel (\u2018OLC\u2019 ), that President Trump\u2019s status as President-elect mandates dismissal of the unjust prosecutions pending against him,\u201d they wrote.<\/p>\n\n\n\n

Last month, Bragg\u2019s office acknowledged to the court in New York that Trump is not likely to be sentenced \u201cuntil after the end of Defendant\u2019s upcoming presidential term,\u201d but argued that Trump\u2019s felony conviction<\/u><\/a> should stand.<\/p>\n\n\n\n

A source close to the district attorney\u2019s office said it is open to a four year pause of the case.<\/p>\n\n\n\n

\u201cNo current law establishes that a president\u2019s temporary immunity from prosecution requires dismissal of a <\/strong>post-trial<\/strong> criminal proceeding that was initiated at a time when the defendant was not immune from criminal prosecution and that is based on official conduct for which the defendant is also not immune,\u201d the district attorney\u2019s office wrote.<\/strong><\/p>\n\n\n\n

cnn<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Defense lawyers for President-elect Donald Trump are using President Joe Biden\u2019s pardon of his son Hunter\u2002to argue that Trump\u2019s conviction in his Manhattan hush money case should be dismissed. \u201cYesterday in issuing a 10 year pardon to Hunter Biden that covers any and all crimes whether charged or uncharged, President Biden asserted that his son was […]<\/p>\n","protected":false},"author":5,"featured_media":35458,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[5846,3934,1612,24540,1230],"class_list":["post-35457","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics","tag-conviction","tag-hunter-biden","tag-law","tag-pardon","tag-trump"],"_links":{"self":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/35457","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=35457"}],"version-history":[{"count":1,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/35457\/revisions"}],"predecessor-version":[{"id":35459,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/35457\/revisions\/35459"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/media\/35458"}],"wp:attachment":[{"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35457"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35457"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35457"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}