Former President Donald Trump moved Thursday night to dismiss a classified documents lawsuit in Florida.
In four separate court filings, Trump urged Judge Eileen Cannon to dismiss the lawsuits based on the executive order. immunitythe indictment is “unconstitutional” ambiguity”, the Presidential Records Act and Special Counsel Jack Smith’s “illegal appointment.Trump was originally indicted in June 2022 on suspicion of mishandling classified documents stored at Mar-a-Lago, but a superseding indictment in July added more charges, bringing the total to 40. became.
Mar-a-Lago employees Walt Nauta and Carlos de Oliveira were also charged in the investigation. (Related: Judge rules that President Trump must pay more than $350 million in civil fraud case)
“For example, President Trump was still President of the United States when many of the documents in question were packaged, transported (presumably by the GSA), and delivered to Mar-a-Lago,” his lawyers wrote in a filing one Thursday. wrote. .
They argue that the Presidential Records Act “prevents judicial review of the President’s record-keeping practices and decisions.”
“Its structure is rooted in the principle of separation of powers, which is a critical foundation of our system of government and the rule of law,” his lawyers wrote, adding, “The Department of Justice and NARA We have adopted this position regarding appointed government officials.” The name is not Trump. ”
In a filing arguing for removal based on executive privilege, President Trump called Judge Eileen Cannon’s “unfounded decision” in rejecting the D.C. Circuit’s use of the same reasoning to dismiss an election interference case. ” and wrote that the court “erred” in its findings. He is not immune from prosecution. President Trump asked the Supreme Court earlier this month to prevent the decision from taking effect.
President Trump also called on Cannon to drop the charges, saying Smith “does not have authority” to prosecute.
“The Appointments Clause does not permit the Attorney General to appoint private citizens or like-minded political allies to exercise U.S. prosecutorial powers without Senate confirmation,” the lawyers wrote.
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