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President Joe Biden, when he pardoned his son, conceded his own Department of Justice (DOJ) is politically motivated, attorneys for President-elect Donald Trump wrote in a Monday filing.

In their latest motion to dismiss Trump’s New York case, defense attorneys pointed to Biden’s claim that his son was “selectively, and unfairly, prosecuted” with political motives that lead to a “miscarriage of justice” as further justification for ending 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 DA 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 November 5, 2024,” the attorneys said. (RELATED: Jack Smith Could Face ‘Severe Consequences’ For Year-Long Legal Crusade Against Trump)

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 election victory. Trump’s sentencing was previously scheduled for Nov. 26.

Trump’s attorneys noted 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 granted Smith’s requests last week to dismiss his federal election interference case against Trump as well as his pending appeal of the dismissal of his classified documents case.

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