Trump demands Florida judge throws out classified documents case because he has ‘presidential immunity’ and kept sensitive files as ‘personal documents’

Lawyers for Donald Trump have applied his claim of “presidential immunity” to his Florida classified documents case, alleging that Trump “personalized” the former government material as an “official act” before sending it to Mar-a-Lago brought.

The legal maneuver comes weeks after a federal appeals court ruled against Trump’s immunity claim in the separate January 6 case tried in Washington DC. proceed with the Trump trial – which prosecutors want to hold as soon as possible as the election approaches.

“President Trump made this decision while still in office. The alleged decision was an official act and as such falls under presidential immunity,” his lawyers argue.

“President Trump’s alleged decision to designate documents as personal under the (Presidential Records Act) and cause them to be removed from the White House – underlying items 1 through 32 of the Superseding Indictment – ​​​​was an official act of the sitting president,” Trump said. attorneys wrote in a new filing.

“President Trump is entitled to immunity for this official act and that should include immunity from criminal prosecution,” they added, making the immunity argument for the first time in the Florida case.

Trump has been charged with intentionally withholding national defense information after the FBI discovered classified, classified and national security information at the former president’s private golf club during a search.

The case is overseen by Trump-appointed Judge Aileen Cannon. Trump also filed documents claiming that the appointment of special counsel Jack Smith was unconstitutional. Smith oversees both cases.

The appeals court rejected Trump’s immunity claim in a blistering unanimous opinion earlier this month, but Trump’s team labeled the decision as “poorly reasoned.”

“For the purposes of this criminal case, former President Trump has become citizen Trump, with all the defenses of any other criminal defendant,” the three-judge panel wrote. “But the executive branch immunity that may have protected him while he was president no longer protects him from this prosecution.”

“We cannot accept former President Trump’s assertion that a president has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results,” wrote the panel, which also includes an appointee from President George W. Struik. “Nor can we condone his apparent claim that the executive branch has carte blanche to violate the rights of individual citizens to vote and have their votes counted.”

In the latest filing in Florida, Trump’s lawyers argue that his “decision to designate documents as personal and have them removed from the White House” was made within what the Supreme Court has ruled is within the “outer perimeter” of his authority lies.

However, during a lengthy period of back-and-forth with the National Archives, Trump returned several other documents at the government’s request. The indictment accuses Trump of concealing information about classified materials at Mar-a-Lago from his own legal representatives.

Agents seized fifteen boxes of material during a search on February 22, including Trump’s “love letters” with North Korean dictator Kim Jong-un.

Trump has pleaded not guilty in both the Florida case and the DC case.

His lawyers called for a hearing to resolve any factual disputes, which could delay the timing of the case. Trump’s trial begins in May.

Trump’s filing was signed by attorneys Todd Blanche and Chris Kise.