Eliana Silver
Guest Reporter
Donald Trump has filed a motion to dismiss the hush money case against him despite being found guilty of 34 counts of falsifying business records.
He was found guilty of the offense in May, making it the first time a US president had been charged with a criminal offense.
Trump had tried to cover up “hush money” payments to porn star Stormy Daniels before the 2016 election.
He instructed his lawyer to pay $130,000 to keep Daniels quiet when her claim of a sexual liasion threatened to overthrow the election.
Trump’s filing referenced the pardon Joe Biden issued to his son Hunter.
It said: "President Biden argued that 'raw politics has infected this process and it led to a miscarriage of justice'. These comments amounted to an extraordinary condemnation of President Biden's own DOJ [department of justice]".
The filing added that Alvin Bragg, the Manhattan District Attorney engaged in “precisely the type of political theatre that President Biden has condemned.”
It said: "This case is based on a contrived, defective, and unprecedented legal theory relating to 2017 entries in documents that were maintained hundreds of miles away from the White House where President Trump was running the country.
“The DA's disruptions to the institution of the presidency violate the presidential immunity doctrine because they threaten the functioning of the federal government."
It added: “The prosecutors' ridiculous suggestion that they could simply resume proceedings after President Trump leaves office, more than a decade after they commenced their investigation in 2018, is not an option," the filing claimed.”
A judge delayed the November 26 sentencing indefinitely to give Trump the chance to seek dismissal.
His lawyers have argued that having the case draw on the president-elect's term would cause “unconstitutional impediments” to his ability to rule.
A judge delayed the November 26 sentencing indefinitely to give Trump the chance to seek dismissal.
His lawyers have argued that having the case draw on the president-elect's term would cause “unconstitutional impediments” to his ability to rule.
They also claimed the case should be thrown out because of Trumps “extraordinary service” to the country.
Trump has said he will nominate Todd Blanche and Emil Bove - the lawyers who wrote the filing - to top jobs in the justice department.
Find Out More...
He was found guilty of the offense in May, making it the first time a US president had been charged with a criminal offense.
Trump had tried to cover up “hush money” payments to porn star Stormy Daniels before the 2016 election.
He instructed his lawyer to pay $130,000 to keep Daniels quiet when her claim of a sexual liasion threatened to overthrow the election.
Trump’s filing referenced the pardon Joe Biden issued to his son Hunter.
It said: "President Biden argued that 'raw politics has infected this process and it led to a miscarriage of justice'. These comments amounted to an extraordinary condemnation of President Biden's own DOJ [department of justice]".
The filing added that Alvin Bragg, the Manhattan District Attorney engaged in “precisely the type of political theatre that President Biden has condemned.”
It said: "This case is based on a contrived, defective, and unprecedented legal theory relating to 2017 entries in documents that were maintained hundreds of miles away from the White House where President Trump was running the country.
“The DA's disruptions to the institution of the presidency violate the presidential immunity doctrine because they threaten the functioning of the federal government."
It added: “The prosecutors' ridiculous suggestion that they could simply resume proceedings after President Trump leaves office, more than a decade after they commenced their investigation in 2018, is not an option," the filing claimed.”
A judge delayed the November 26 sentencing indefinitely to give Trump the chance to seek dismissal.
His lawyers have argued that having the case draw on the president-elect's term would cause “unconstitutional impediments” to his ability to rule.
A judge delayed the November 26 sentencing indefinitely to give Trump the chance to seek dismissal.
His lawyers have argued that having the case draw on the president-elect's term would cause “unconstitutional impediments” to his ability to rule.
They also claimed the case should be thrown out because of Trumps “extraordinary service” to the country.
Trump has said he will nominate Todd Blanche and Emil Bove - the lawyers who wrote the filing - to top jobs in the justice department.
Find Out More...