NEW YORK (AP) – Lawyers for President-elect Donald Trump on Monday formally asked a judge to throw out his hush-money criminal conviction, calling continued litigation an unconstitutional “disruption of the institution of the presidency.” He claimed that it would bring about “.
In a filing released Tuesday, Mr. Trump’s lawyers told Manhattan Judge Juan M. Marchan that the unusual circumstances of his impending return to the White House warranted his removal.
The lawyers continued: “Continuation of this erroneous proceeding in this failed trial will disrupt President Trump’s transition efforts.” “The overwhelming national mission given to the president by the president.”
Trump’s lawyers noted in court filings that President Joe Biden recently pardoned his son Hunter Biden, who was convicted on tax and gun charges.
“President Biden has argued that his son has been ‘selectively and unfairly prosecuted’ and is being ‘treated differently,'” Trump’s lawyers wrote. They argued that the Manhattan district attorney was engaging in the type of political theater that “President Biden has denounced.”
Prosecutors have until Dec. 9 to respond. They said they would resist any effort to dismiss the case, but were open to delaying the ruling until 2029, when President Trump’s second term ends.
Following President Trump’s election victory last month, Marchan halted proceedings to allow the defense and prosecution to consider the future of the case, and indefinitely postponed his sentencing, which had been scheduled for late November. He also delayed a decision on President Trump’s earlier proposal to dismiss the case on immunity grounds.
Trump has been fighting for months to overturn the conviction, including efforts to cover up $130,000 in payments to porn actor Stormy Daniels, who was involved in an extramarital affair. The allegations threatened to disrupt the 2016 election campaign. He denies any wrongdoing.
Trump will be inaugurated on January 20, but Marchan has not set a timeline for a decision.
If removed from office, Trump’s historic convictions would be expunged and he would be spared a criminal record and possible prison time. Trump is the first former president to be convicted of a crime, and the first convicted felon to be elected president.
Marchan also has the option of upholding the verdict and proceeding to sentencing, delaying the case until President Trump leaves office, or waiting until a federal appeals court rules on President Trump’s parallel efforts to move the case out of state court. or may choose other options.
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