- Trump designated the material at Mar-a-Lago as “personal,” his lawyers wrote.
- They argue that he has immunity from prosecution for classified document charges
- Federal appeals court rejected immunity claim in Jan. 6 case
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Donald Trump’s lawyers have applied their “presidential immunity” claim to his classified documents case in Florida, alleging that Trump made previous administration material “personal” as an “official act” before taking it to Mar-a -Lake.
The legal maneuver comes weeks after a federal appeals court ruled against Trump’s immunity claim in the separate Jan. 6 case being tried in Washington, DC. That led to an appeal by Trump to the Supreme Court, which could decide to intervene in the matter or allow lower courts. move forward with Trump’s trial, which prosecutors want to hold as soon as possible as the election approaches.
‘President Trump made this decision while he was still in office. The alleged decision was an official act and, as such, is subject to presidential immunity,” his lawyers argue.
‘President Trump’s alleged decision to designate records as personal under the [Presidential Records Act] and causing his removal from the White House, which underlies counts 1 through 32 of the superseding indictment, was an official act of the sitting president,” Trump’s lawyers wrote in a new filing.
Lawyers for former President Donald Trump claim in a new filing that he has “presidential immunity” from charges brought against him for intentionally withholding national security documents at his Florida golf club.
“President Trump is entitled to immunity for this official act and that must include immunity from criminal prosecution,” they added, making the immunity argument for the first time in the Florida case.
Trump has been accused of intentionally withholding national defense information after the FBI discovered classified, secret and national security information at the former president’s private golf club during a search.
The case is being overseen by Trump-appointed judge Aileen Cannon. Trump also filed documents alleging that the appointment of special counsel Jack Smith was unconstitutional. Smith is overseeing both cases.
The appeals court dismissed Trump’s immunity claim in a unanimous opinion earlier this month, but Trump’s team dismissed the decision as “poorly reasoned.”
Trump designated the documents as ‘personal’ under the Presidential Records Act, according to his lawyers
Agents removed boxes of material from Trump’s private club during a search prior to his impeachment
Judge Aileen Cannon, a Trump appointee, set a trial date for May. Trump’s lawyers asked for a hearing on his new immunity claim
Trump designated the material as “personal” while he was still in office before it was sent to Florida, according to the document.
“For the purposes of this criminal case, former President Trump has become a Trump citizen, with all the defenses of any other criminal defendant,” the three-judge panel wrote. “But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.”
“We cannot accept former President Trump’s assertion that a president has unlimited authority to commit crimes that would neutralize the most fundamental control of the executive branch: the recognition and implementation of election results,” wrote the panel, which included an appointee by President George W. Bush. “Nor can we approve of his apparent assertion that the executive has carte blanche to violate the rights of individual citizens to vote and to have his votes count.”
In the latest filing filed in Florida, Trump’s lawyers argue that his “decision to designate records as personal and have them removed from the White House” was made within what the Supreme Court has ruled is within the “perimeter.” outside” of his authority.
However, during a long period of back-and-forth with the National Archives, Trump returned many other documents requested by the government. The indictment accuses Trump of withholding information about classified materials kept at Mar-a-Lago from his own legal representatives.
Agents seized 15 boxes of material during a search on Feb. 22, including Trump’s “love letters” to North Korean dictator Kim Jong-un.
Trump has pleaded not guilty in both the Florida and DC cases.
His lawyers asked for a hearing to resolve any dispute over the facts, which could delay the timing of the case. Trump’s trial is scheduled to begin in May.
Trump’s filing is signed by attorneys Todd Blanche and Chris Kise.