Donald Trump’s lawyers have asked a federal judge to dismiss an indictment accusing him of storing classified documents at his Mar-a-Lago club during his time in office, citing presidential immunity. He claimed that he had kept the confidential documents because he had designated them as personal records. .
The decision to designate the document as a personal record under the Presidential Records Act means it is an official act of the president and he cannot be prosecuted, his lawyers said in a 22-page filing. I wrote it down.
“President Trump’s decision to designate the records as private and have them removed from the White House clearly constitutes an official act within the ‘periphery’ of his official duties.” The submission document said:.
Legal experts suggested that President Trump’s request to dismiss the charges amounted to an unusual interpretation of presidential power, giving the president the freedom to use national security secrets upon leaving office. Classified information is material owned by the United States and, by definition, cannot be personal.
President Trump has previously suggested that documents brought into the White House residence during a criminal investigation would be automatically declassified, or that he could use his mind to declassify them.
The request for presidential immunity was one of several filings by President Trump on Thursday seeking to quash the Espionage Act charges filed by Special Counsel Jack Smith.Trump also argued, among other things, that the holding of secret nuclear documents should be scrapped. Because his “Q” clearance had not yet been cancelled..
President Trump’s motion to remove President Trump from office must go before Chief U.S. District Judge Eileen Cannon in a meeting with prosecutors, simply because the idea that presidents cannot be held accountable for their actions while in office remains unresolved. It was certain that it would be a high-stakes contest.
Discussions about Q approval may also be difficult. That’s because Q authorizations were only authorized to be used while Trump was president, and there is no evidence that they will continue after he leaves office. Additionally, a permit alone does not permit the storage of sensitive materials outside of a special facility.
The presidential immunity claims made by Trump in the classified documents case are similar in scope to those he made in Washington, where he claimed he had no right to overturn the 2020 election and prevent the peaceful transfer of power. He is seeking the dismissal of the charge that he attempted to do so.
The issue remains unresolved in Washington, as President Trump has appealed his immunity request to the U.S. Supreme Court, which has not yet decided whether to hear arguments.
By making a similar immunity claim in the classified documents case being prosecuted in Florida, President Trump may have persuaded the Supreme Court to take up the case in order to maintain the integrity of the judiciary. .
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The question of how quickly the courts proceed with immunity claims stemming from the Washington incident had already been closely watched, as it could affect the timing of President Trump’s trial. If the process is quick, the trial could start as early as May; if the process is slow, the trial could start as early as May. The trial will take place after the 2024 elections.
President Trump’s overriding legal strategy in all criminal cases has clearly been to seek delay, in the hope that if elected to a second term he can install a loyal attorney general who will drop the charges. We hope that if he is found guilty, he will turn himself in. forgiveness.
Trump’s defense team settled on filing an immunity claim in Washington. That’s probably because it was the only motion he could litigate before trial (virtually all other motions must be argued after trial), and importantly, because immunity allowed him to litigate the lawsuit. will be automatically suspended. .
As the immunity motion progressed through the appeals process, President Trump was able to get a federal judge in Washington to cancel the March 4 trial date. President Trump could repeat the same tactic to cancel his May trial date in Florida.
