Five Ways Trump's Attorneys Plan To Tackle His Hush Money Case

Zinger Key Points
  • Trump's lawyers is urging the dismissal of the hush money case before the case goes to trial.
  • Arguments include selective prosecution, timing, legally defective charges and pre-indictment leaks.

Lawyers for former President Donald Trump have detailed their defense strategy concerning the hush money paid to porn actress Stormy Daniels and others in the 2016 election. They are urging a New York judge to dismiss the indictment before the case reaches trial.

What Happened: The case revolves around Trump, who faces 34 felony counts related to falsifying business records. These records pertain to reimbursements he made to his former attorney, Michael Cohen. Cohen made hush payments to Daniels and others before the 2016 election.

The core of the prosecution's argument is that Trump mischaracterized these reimbursements as a legal retainer. This was allegedly done to mask criminal activities and suppress potentially damaging information during his campaign, reported The Hill. 

Trump has characterized the case and his three other indictments as a politically motivated witch hunt, criticizing both prosecutors and the judge involved.

The defense strategy in this particular case, as outlined in the recent filings, hinges on several pivotal arguments, according to The Hill:

  • Selective Prosecution
  • Trump's legal team alleges that Manhattan District Attorney Alvin Bragg is pursuing the case against Trump due to political motivations, terming the case as both "extraordinary and unprecedented."
  • Also Read: Trump Warns Of 'Death And Destruction' If Charged In Hush Money Probe
  • Timing Concerns
  • The defense is also pointing to the delay in bringing the case forward, repeatedly referencing a book by former senior prosecutor Mark Pomerantz. In it, Pomerantz expressed reservations about the legal underpinnings of the hush money case.
  • Challenging The Legal Basis
  • Trump's lawyers are contesting the legal foundation of the 34 counts, arguing that the records in question weren't business records and that there is no secondary crime — which they contended must be a state offense — that supports the bump-up of charges to felonies.
  • Leaks And Prejudice
  • The defense alleges that information leaks from the grand jury proceedings have biased the case against Trump.
  • Efforts To Move To Federal Court
  • Trump has been trying to transfer his charges to federal court, a move that was previously denied but is currently under appeal.

While the defense is pushing for a dismissal, a decision on this matter is not anticipated until the early part of next year.

Now Also: Trump's Legal Woes Deepen As Woman Who Accused Him Of Rape To Sue For Sexual Battery

This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.

Photo: Shutterstock

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