Former President Donald Trump has requested a partial stay of the classified documents lawsuit brought against him following a US Supreme Court ruling this week that found the president has broad immunity for official business carried out while in office.
Trump’s legal team has asked a Florida court to halt all proceedings in Special Counsel Jack Smith’s lawsuit, except for Smith’s request for a gag order, until the judge can apply the Supreme Court’s immunity ruling to the facts of the case.
“In accordance with President Trump’s motion to dismiss based on executive immunity, the Supreme Court Trump Friday’s court filing said that if prosecutors could “indirectly do what they cannot do directly – allow a jury to review conduct for which the President is immune from prosecution and still establish liability on any count” they would “eviscerate the immunity we have granted.”
“Thus, even if the indictment only alleges informal conduct, which is not the case here, the prosecutor…[u]”It is evidence of official conduct.'” Under this logic, as with the trial court in the Trump case, the judge must conduct a “necessarily factual analysis” as to whether the alleged conduct is “official or informal.”
Trump immunity case: Supreme Court rules former presidents have broad protection from prosecution
Former President Donald Trump has called for a partial halt to the release of classified documents in light of a Supreme Court ruling that gives him and future presidents immunity for official conduct. (Shawn Rayford/Getty Images)
In a post on Truth Social on Friday, Trump called the allegations “a really bad day for Crazy Jack Smith, the mad prosecutor used by unscrupulous Joe Biden to attack his political opponents.”
“Today, as in the past, the Supreme Court handed down a harsh punishment to this madman! His ‘real’ bosses, Andrew Weissmann and Lisa Monaco, must be furious at him, as must Merrick Garland, whose once great reputations have been shattered by these scoundrels and who has always defended Scoundrel Joe,” Trump wrote. “Garland should put an end to this endless hoax so people can focus on restoring America to greatness!”
The Supreme Court ruled on Monday that the former president had a major right to vote in the case Trump v. United States. Immunity from prosecution It applies to official conduct done while in office, but not to unofficial conduct.
Supreme Court considers major constitutional challenge over President Trump’s immunity claim
A view of the U.S. Supreme Court in Washington on Nov. 15, 2023. (AP Photo/Maryam Zuhaib, File)
In a 6-3 decision, the Supreme Court sent the case back to a lower court because the justices did not apply their ruling to whether former President Trump is immune from prosecution for conduct related to attempts to overturn the results of the 2020 election. The case before the Supreme Court is separate from the classified documents case, but Smith is involved in both prosecutions.
“The President does not enjoy immunity from non-official conduct, and not all of the President’s acts are official,” Chief Justice John Roberts wrote in the majority opinion.
Last month, Trump’s lawyers argued the legality of Smith’s appointment as special counsel and the limited gag order prosecutors requested to bar Trump from making statements that they said could endanger the safety of FBI agents and other law enforcement officials involved in the case.
Justice Alito questions whether president should fear being jailed by ‘very fierce political opponents’
Former President Donald Trump held a rally in New York City on May 23, 2024, in the historically Democratic neighborhood of the South Bronx. (Spencer Pratt/Getty Images)
Trump’s lawyers have argued that any restrictions on speech would violate the former president’s free speech rights. Cannon initially denied the prosecutors’ request on a technicality, saying Smith’s lawyers had not adequately consulted with him before seeking restrictions. Prosecutors then reinstated their request.
U.S. District Judge Eileen Cannon heard hours of arguments from lawyers on both sides on June 24, during which Trump lawyer Emil Bove argued that the Justice Department risks creating a “shadow government” by appointing special counsel to prosecute specific criminal cases.
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Cannon did not issue a decision Friday but is expected to issue a written order on the matter in the coming days.
Trump faces charges stemming from Smith’s investigation into possession of classified material. He has pleaded not guilty to all 37 felony charges raised in Smith’s investigation, including knowingly retaining national defense information, conspiracy to obstruct justice and making false statements.
Trump was charged with three counts in a supplemental indictment in the investigation, including two counts of willful retention of national defense information and obstruction.
Fox News Digital’s Anders Hagstrom and Brooke Singman contributed to this report.
