Donald Trump petitioned a New York state judge Tuesday to dismiss his 34-count felony conviction in the Stormy Daniels hush money case, arguing that his November presidential election victory should preclude the case from hanging over his upcoming administration.
In a 72-page motion filed with Justice Juan Merchan, Trump’s lawyers Todd Blanche and Emil Bove argued that Manhattan District Attorney Alvin Bragg, as a local elected official, has “no valid basis to cause such disruptions” to Trump’s ability to govern after he takes office January 20.
The filing, made public Tuesday, comes after Merchan indefinitely delayed Trump’s originally scheduled November 26 sentencing to allow for dismissal arguments. Prosecutors, who have until Monday to respond, supported the delay while indicating they would oppose dismissal. Bragg’s office has suggested deferring all proceedings until Trump leaves office in 2029, a proposal his lawyers called “ridiculous.”
Trump’s legal team, which includes his nominees for deputy attorney general and acting deputy attorney general positions, highlighted President Joe Biden’s recent pardon of his son Hunter as an “extraordinary condemnation” of the Justice Department. They reiterated claims of political motivation behind Bragg’s prosecution, citing former Justice Department official Matthew Colangelo’s involvement.
The case centered on a $130,000 payment Trump’s former lawyer Michael Cohen made to adult film actress Stormy Daniels before the 2016 election to keep quiet about an alleged sexual encounter, which Trump denies. A Manhattan jury found Trump guilty of falsifying business records to cover up Cohen’s reimbursement, marking the first criminal conviction of a U.S. president.
