Donald Trump has asked a New York state judge to dismiss the 34 felony convictions against him stemming from hush money payments to adult film actress Stormy Daniels. In a Dec. 2 court filing, his lawyers argued that allowing the case to proceed after Trump’s Nov. 5 presidential victory would interfere with his ability to govern after taking office on Jan. 20.
Defense attorneys Todd Blanche and Emil Bove, whom Trump has nominated for senior roles in the Justice Department, called the Manhattan District Attorney Alvin Bragg’s case a politically motivated disruption. They also criticized Bragg’s suggestion to delay proceedings until Trump leaves office in 2029, calling it “ridiculous” given the investigation began in 2018.
Justice Juan Merchan had previously postponed Trump’s Nov. 26 sentencing indefinitely, giving Trump’s team time to seek dismissal. Prosecutors supported the delay but oppose dismissing the charges. They have until next Monday to respond, while the judge has not set a new sentencing date.
Trump’s lawyers cited President Joe Biden’s recent pardon of his son, Hunter Biden, in their motion, claiming it highlights selective prosecution and condemns the Justice Department’s handling of politically sensitive cases. They also accused Bragg of coordinating with the Biden administration, an allegation denied by Attorney General Merrick Garland.
The case centers on a $130,000 payment made in 2016 by Trump’s former lawyer Michael Cohen to Daniels to buy her silence about an alleged affair with Trump, which he denies. A Manhattan jury found Trump guilty of falsifying business records to conceal the reimbursement to Cohen.
Trump, 78, faces three other criminal cases, including mishandling classified documents and efforts to overturn the 2020 election. He has pleaded not guilty to all charges. Federal prosecutors have dismissed the federal cases following his election win.
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