Former President Donald Trump is urging a federal judge in Florida to dismiss the criminal case charging him with illegally retaining classified documents.
Former President Donald Trump urged a Florida judge to dismiss the criminal case charging him with illegally retaining classified documents, claiming in part that presidential immunity protects him from prosecution even as that sweeping argument has so far in failed in federal appeals courts in a separate case.
In one of a slew of motions attacking the case brought by special counsel Jack Smith, Trump’s lawyers late Thursday echoed arguments that were roundly rejected by a federal appeals court this month in his 2020 election interference case in Washington. Trump has asked the U.S. Supreme Court to intervene in that case as the Republican presidential primary front-runner seeks to delay the trial until after the November election.
Trump’s lawyers wrote that the classified documents charges turn on his alleged decision to designate the papers as “personal” records under the Presidential Records Act, and argued that he cannot be prosecuted since that was an “official act” made while he was still in the White House.
Washington’s federal appeals court in its decision this month was unsparing in its repudiation of Trump’s novel claim that former presidents enjoy absolute immunity for actions that fall within their official job duties. But Trump’s lawyers argued that the appeals court’s decision was wrong, telling U.S. District Judge Aileen Cannon she should not follow the court’s “poorly reasoned decision” in the classified documents case.
