Trump Lawyers Cite Biden’s Pardon in Effort to Dismiss Charges

Vonbon Hill

2 min read

·

04-12-2024

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Former President Donald Trump's legal team is employing a novel strategy in their efforts to dismiss the charges against him, citing President Joe Biden's recent pardon of individuals convicted of federal drug offenses. The argument hinges on the assertion that Biden's actions establish a precedent for selective enforcement of justice, thereby undermining the legitimacy of the charges against Trump.

The Argument: Selective Prosecution and Unequal Application of Justice

Trump's lawyers argue that Biden's pardon represents a clear instance of selective enforcement of the law. They contend that this selective approach, focused on certain types of offenses and individuals, demonstrates a pattern of inconsistent application of justice, raising serious concerns about fairness and due process. The core of their defense rests on the idea that if the President can exercise such broad pardon power in a seemingly arbitrary manner, the charges against Trump lack the necessary consistency and impartiality required for a just prosecution.

Examining the Details of Biden's Pardon

President Biden's pardon initiative involved a large number of individuals convicted of non-violent drug offenses. While proponents highlighted its goal of addressing systemic inequities within the criminal justice system, Trump’s legal team focuses on a different interpretation. They emphasize the inherent selectivity of the pardon, arguing that it underscores a broader trend of uneven application of justice that favors certain groups or individuals over others.

The Challenges Ahead: Legal Precedent and the Burden of Proof

This legal strategy faces significant hurdles. Establishing a case for selective prosecution requires demonstrating discriminatory intent, a high burden of proof that is notoriously difficult to meet. Simply pointing to a presidential pardon, however broad, is unlikely to automatically invalidate other, unrelated prosecutions. The courts will carefully scrutinize the connection between Biden's pardon and the charges against Trump, requiring a detailed demonstration of how the former directly undermines the latter.

Legal Experts Weigh In

Legal experts are divided on the likely success of this defense. Some argue that the connection between Biden’s pardon and the charges against Trump is too tenuous to form a viable legal argument. Others contend that, while unlikely to succeed, the strategy serves to raise questions about fairness and potentially influence public perception. Ultimately, the outcome hinges on the court's interpretation of the evidence presented and the application of established legal precedent regarding selective prosecution.

Conclusion: A High-Stakes Legal Battle

Trump’s legal team’s decision to cite Biden’s pardon represents a bold and arguably unconventional approach to defending against the charges. The success of this strategy remains uncertain, but it highlights the complex legal battles ahead and the high stakes involved in this ongoing case. The coming months will be crucial in determining the viability of this argument and its potential impact on the broader legal proceedings.