Lawyers For Donald Trump Ask For Dismissal, Citing Presidential Immunity

(CTN News) – A Florida judge dismissed a criminal charge against former president Donald Trump despite an earlier attempt to use the same sweeping argument.

An appeals court rejected Donald Trump’s arguments in his 2020 election interference case in Washington this month. This is according to a slew of motions filed late Thursday. Due to Trump’s desire to delay the trial until after the November election, he has asked the Supreme Court to intervene.

Donald Trump lawyers say the classified documents charges are based on his alleged decision to designate the papers as “personal” records. He says he can’t be prosecuted since it was an “official act” he did while in the White House.

The Washington federal appeals court rejected Trump’s novel claim that former presidents have absolute immunity from their actions. Lawyers for Trump said the appeals court’s decision was wrong, telling judge Aileen Cannon not to follow it.

Special counsel Smith was appointed by Attorney General Merrick Garland to investigate the former president. This was “unlawful” and grounds for dismissal. Also, they say Trump’s case violates a vague law.

It is alleged that Donald Trump illegally hoards classified documents at Mar-a-Lago. An indictment filed in June 2023 alleges that boxes of sensitive documents were recklessly stored at Mar-a-Lago in a ballroom, bathroom, bedroom, and storage room.

Prosecutors say the documents he stowed, refused to return and in some cases showed to visitors threatened not only foreign relations but troops and confidential sources’ safety. They also say he asked a staffer to delete camera footage at his Florida estate to obstruct the investigation.

In a pivotal pretrial conference scheduled for March, Judge Cannon said he’d be open to revisiting the trial date if multiple other deadlines are pushed back. He’s facing four criminal cases as he vies to reclaim the White House in November.

In Smith’s other case, he accused Donald Trump of trying to overturn his 2020 election loss, but the trial date was canceled while he tried to claim presidential immunity. While Trump tries to fight his presidential immunity claims, his lawyers asked the Supreme Court to put the case on hold.

As the Supreme Court has previously held, presidents are immune from civil liability for official acts, and Trump’s lawyers have argued that protection should extend to criminal prosecution.

In the 2020 election case, the justices’ decisions and how quickly they act could determine the outcome. As president, Donald Trump can order a new attorney general to dismiss the cases if he wins. In addition, he could apply for a pardon – which is legal but not tested.

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