Donald Trump is urging a judge to toss his hush money case after President Joe Biden pardoned his son, Hunter Biden, Sunday.
"Yesterday, in issuing a 10-year pardon to Hunter Biden that covers any and all crimes whether charged or uncharged, President Biden asserted that his son was 'selectively, and unfairly, prosecuted,' and 'treated differently,'" court documents obtained by NBC News Tuesday read.
"President Biden argued that 'raw politics has infected this process and it led to a miscarriage of justice.' These comments amounted to an extraordinary condemnation of President Biden's own DOJ," the filing read, accusing Manhattan District Attorney Alvin Bragg of engaging in "'precisely the type of political theater' that President Biden has condemned."
Trump's attorneys, Todd Blanche and Emil Bove, cited presidential immunity in their filing for the president-elect.
The DA's office's "disruptions to the institution of the Presidency violate the Presidential immunity doctrine because they threaten the functioning of the federal government," the documents read.
The attorneys also argued Trump's "extraordinary service" to the country should be sufficient for a pardon. "Trump's civic and financial contributions to this City and the Nation are too numerous to count," they wrote.
Biden granted his son, who pleaded guilty in a tax evasion case and was convicted of gun charges earlier this year, a full and unconditional pardon over the weekend.
Speaking with CNN Tuesday, West Virginia Sen. Joe Manchin agreed Biden should pardon Trump for the various charges against him in order to balance out his decision to pardon the younger Biden.
"As a father, I don't know that I wouldn't have done the same thing," Manchin said. "What I would've done differently, and what my recommendation as counsel would've been, 'Why don't you go ahead and pardon Donald Trump for all his charges?' Make it go down a lot more balanced if you will."
In May, a Manhattan jury found Trump guilty on all 34 counts brought against him in connection with payments made to former porn star Stormy Daniels, marking the first time a former U.S. president had been convicted of a crime.
The hush money was recorded as Trump's business legal expenses, but was actually part of his campaign, said prosecutors.
