U.S President-elect, Donald Trump, has filed a motion before a New York State judge, to dismiss the hush money case which he was convicted of earlier in May.
The New York jury, in May, convicted Trump of 34 felony counts involving hush money paid to a porn star. He was also found guilty of falsifying business records to commit election fraud.
The case stemmed from a $130,000 payment Trump’s former lawyer Michael Cohen made to adult film actress, Stormy Daniels, for her silence before the 2016 election about a sexual encounter she said she had a decade earlier with Trump, who denies it.
Trump pleaded not guilty in the case, which he has sought to portray as a politically motivated attempt to interfere with his presidential campaign.
In his filing on Tuesday, Trump referenced the pardon President Joe Biden issued to his son on Monday, in which the President said Hunter Biden was “unfairly prosecuted” on gun and tax charges.
“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)”, he said.
Justice Juan Merchan last month delayed Trump’s previously scheduled November 26 sentencing indefinitely to give him the chance to seek dismissal. Trump’s lawyers argued having the case loom over his four-year presidential term that begins on January 20 would cause “unconstitutional impediments” to his ability to govern effectively.
Prosecutors with Manhattan District Attorney Alvin Bragg’s office supported delaying the sentencing to give Trump the chance to make his case for dismissal. The prosecutors have until December 9 to respond.
The judge has not indicated when he would rule on Trump’s motion to dismiss, and has not set a new date for sentencing. Bragg’s office has suggested he defer all proceedings in the case until Trump, 78, leaves the White House in 2029.