The Latest on Former President Donald Trump’s Legal Battle
Expansive Filings by Donald Trump to Dismiss Criminal Indictment Underway
Legal Strategy Focuses on Delaying Potential Trial
Former President Donald Trump has taken steps to dismiss a criminal indictment against him for allegedly keeping classified information at his Mar-a-Lago residence. In four filings submitted on Thursday, his legal team argued that both the charges and the special counsel lack legitimacy, putting forward various key arguments relating to the classified documents case. Trump’s primary legal strategy, it seems, is to procure a delay in any possible trial date.
Presidential Immunity Defense Revisited
Trump’s attorneys have chosen to assert his protection under presidential immunity, reiterating arguments he previously made in a separate case concerning election subversion. These arguments, however, were soundly rejected in federal courts. Trump’s defense team claimed that the indictment encompasses decisions he made as president, which should be considered as protected official acts.
Judicial Dismissal and Pursuit of Further Review
Previously, a three-judge panel in the DC District Court of Appeals forcefully dismissed Trump’s arguments for presidential immunity, stating that the President should not be immune from prosecution. Despite this, Trump’s attorneys criticized the ruling as “poorly reasoned” in one of their filings. They have expressed the intention to pursue further review by the U.S. Supreme Court if necessary. Trump has already sought the temporary blockage of a related ruling in the Supreme Court concerning immunity in the January 6 case. However, the court’s decision on whether to hear arguments on the matter is still pending.
Challenges to Special Counsel’s Authority to Prosecute
Trump also contested the appointment of special counsel Jack Smith, who is leading the prosecution in both federal criminal cases against Trump. His attorneys argued that Smith’s appointment was improper, with the appointments clause of the Constitution allegedly not granting the Attorney General the authority to appoint someone to wield the prosecutorial power of the United States without Senate confirmation. Trump’s team also maintained that his actions regarding the classified documents were permitted under the Presidential Records Act, asserting that Smith is unlawfully appointed.
Contention Over Presidential Records Act
Defense attorneys argued that, as Trump was still president when he took the classified documents to Mar-a-Lago, criminal charges of possession can’t apply. They maintained that Trump was abiding by the Presidential Records Act, claiming that he had the authority to designate the records as personal and suggesting that the notion of chain of command within the Executive Branch would be obliterated if a National Archives employee could demand a President’s handling of records. However, the National Archives previously asserted their clear ownership, possession, and control of presidential records in the face of similar claims.
Additional Filings and Future Steps
Trump’s attorneys are expected to file several more motions seeking dismissal of the classified documents case. These filings may require redaction to ensure they can be made public. Updates on this ongoing legal battle will continue to unfold.
This story has been updated with additional developments.
