Lawyers for Donald Trump on Friday sought a halt to the classified documents lawsuit against him, arguing that a recent Supreme Court decision “eviscerated” prosecutors’ arguments that the former president cannot escape criminal responsibility for concealing national security documents.
“The defendants are not liable for any damages whatsoever,” said attorneys Todd Blanche, Emil Bove and Christopher Kays. in Court filings Following the Supreme Court’s ruling on Monday that presidents have absolute immunity from prosecution for any actions taken while in office, special counsel Jack Smith can no longer rely on evidence involving “official duties.”
They also pointed to Justice Clarence Thomas’ concurring opinion in a 6-3 decision casting doubt on Attorney General Merrick Garland’s appointment of Smith as special counsel.
President Biden criticized the ruling Monday night, saying voters “have a right” to know the outcome of a separate federal lawsuit against President Trump over the Jan. 6, 2021, attack on the Capitol before Election Day but that they are unlikely to get that opportunity now.
“The man who led that mob into the United States Capitol can be convicted for what happened that day, and the American people deserve answers in a court of law before the upcoming election,” Biden, 81, said in his most direct comments yet about Trump’s prosecution.
Branche, Bove and Keith said Smith’s comments, linking his prosecution to Biden’s reelection efforts, were further evidence of an “ongoing loafer campaign” against the 78-year-old Trump.
“This comment clearly links the Office of Special Counsel to President Biden’s misuse of the criminal justice system to communicate with voters before the election,” they wrote.
Monday’s comments came days after Biden’s disastrous defeat at the June 27 debate with Trump in Atlanta, which his lawyers have suggested led to the “leak.” The Washington Post As for whether Smith intends to continue prosecuting Trump if he is re-elected?
“Mr. Smith has indirectly signaled to the media and our allies that he will have no qualms about prosecuting President Trump, even though he is the president-elect voted for by over 100 million Americans. A clear violation of Department of Justice policy And put it into practice,” the lawyers said.
The former president’s lawyers have asked U.S. District Judge Eileen Cannon to grant a partial stay of execution and resolve “fundamental questions” about the immunity ruling and its impact, further delaying the trial deadline.
Their proposed timeline for information sessions related to the waiver would extend into September.
“The Court should resolve the fundamental questions identified in Trump relating to President Trump’s immunity and appointments clauses, as well as the related issues raised in the Appropriations Clause Motion, before addressing the case’s numerous other issues,” they concluded.
Smith’s office, in a statement attached to the filing, contested the motion for a stay of execution and asked Cannon for an opportunity to respond.
The immunity ruling could also affect Trump’s “hush money” conviction in Manhattan earlier this year, but legal experts told The Washington Post that this is unlikely, even though the former president’s sentencing has been postponed until September.
