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THE DAILY CALLER NEWS FOUNDATION—President Joe Biden, when he pardoned his son, conceded that his own Justice Department is politically motivated, attorneys for President-elect Donald Trump argue.
In their latest motion to dismiss Trump’s New York case, defense attorneys pointed Monday to Biden’s claim Sunday that his son Hunter Biden was “selectively, and unfairly, prosecuted” with political motives that led to a “miscarriage of justice” as justification for ending legal proceedings.
“These comments amounted to an extraordinary condemnation of President Biden’s own DOJ,” Trump’s attorneys wrote. “This is the same DOJ that coordinated and oversaw the politically-motivated, election-interference witch hunts targeting President Trump by disgraced special counsel Jack Smith, the other biased prosecutors in Smith’s Special Counsel’s Office (‘SCO’), and others. This is the same DOJ that sent Matthew Colangelo to [Manhattan} DA [Alvin] Bragg to help unfairly target President Trump in this empty and lawless case.”
The case must be dismissed immediately as continuing “disrupts President Trump’s transition efforts and his preparations to wield the full Article II executive power authorized by the Constitution pursuant to the overwhelming national mandate granted to him by the American people on Nov. 5, 2024,” the attorneys said.
In November, Judge Juan Merchan indefinitely delayed Trump’s sentencing date, instructing the defense to file its new motion to dismiss the case following the Nov. 5 election victory. Trump’s sentencing was previously scheduled for Nov. 26.
Trump’s attorneys noted that even the DOJ has been “forced to concede” that Trump’s election mandated dismissal of the federal cases. Prosecutors’ suggestion that they can resume proceedings in 2029 when Trump leaves office is “not an option,” they wrote.
Judges last week granted Smith’s requests to dismiss his federal election interference case against Trump as well as his pending appeal of the dismissal of the classified documents case.