Legal analyst Lisa Rubin commented on MSNBC that Donald Trump is pursuing presidential immunity in his classified documents case after failing to secure it in his election interference case.
Trump’s Latest Legal Move
Rubin speculated that the Supreme Court could take on Trump’s case, possibly granting him a second opportunity at presidential immunity. On X, previously known as Twitter, she wrote, “As a strategy to entice the Supreme Court, it’s just crazy enough.”
40 Federal Charges
Donald Trump is grappling with 40 federal charges related to claims that he kept classified documents after his White House departure in January 2021 and hindered authorities’ attempts to retrieve them.
Trump Seeks Immunity
On Thursday, he filed a motion in his Florida case regarding these documents, seeking immunity from prosecution based on his presidential status. Trump’s legal team argues that his possession of the documents was part of his presidential duties, thus exempting him from prosecution.
Setback for Trump
This move follows rulings in Washington, D.C., where a judge and the appellate court both determined Trump does not have presidential immunity in a case alleging he unlawfully attempted to reverse Joe Biden’s 2020 election win.
Wait-and-See Approach
The Supreme Court has decided not to consider Trump’s presidential immunity case in Washington, D.C., until all lower court appeals are concluded.
This decision affects both the classified documents case and the election interference case, which are under federal prosecution by the Department of Justice’s special counsel.
Potential Legal Consequences
Commenting on these cases, Lisa Rubin expressed concern: .”Let’s hope cooler heads prevail to remember that in both special counsel cases, Trump’s bad facts could result in the Court’s making bad — and unnecessary — law.”
Repeated Legal Strategies
Lisa Rubin highlighted that Trump is repeating his immunity argument in the Mar-a-Lago documents case, an approach she views as even less substantiated than in the election interference case.
She critiqued the legal basis of this argument, noting its weak foundations in aspects like the Impeachment Judgment Clause and broader separation of powers principles.
A Flawed Argument?
Rubin wrote, “As a legal argument, it is terrible, especially when the foundations of their presidential immunity argument (e.g., the Impeachment Judgment Clause, the larger separation of powers principles embedded in the Constitution) are so weak.”
No Past President Prosecuted
In their recent submission to Judge Aileen Cannon, Trump’s legal team, comprising Todd Blanche and Christopher Kise, argued that no president has faced prosecution in over two centuries of U.S. history.
Trump’s Legal Defense
They noted that numerous past presidents have faced accusations of criminality but were never prosecuted.
Examples cited include President George W. Bush’s Iraq War, which resulted in “thousands of lives” lost, President Barack Obama’s drone strike on an American citizen, and allegations involving President Biden’s funding of a U.N. agency linked to Hamas’ attack on Israel on October 7.
Criticism Mounts Over Trump’s Move
Legal commentators have been vocal in their criticism of Donald Trump’s efforts to assert presidential immunity in his classified documents case. National security attorney Bradley P. Moss, writing on X (formerly Twitter), lambasted the recent submission as “insultingly stupid.”
Introducing ‘New Facts’
Moss accused Trump’s legal team of attempting to bring in new facts, stating, “Trump is arguing he designated all these highly classified records as PERSONAL records, and that he therefore had the right to keep them. Even if that was a plausible argument, this is a motion to dismiss: he can’t introduce news facts.”
Legal Expert Skeptic
In response to Trump’s motion to dismiss for unconstitutional vagueness, Bradley P. Moss expressed skepticism, stating on X, “I also won’t waste my time with this one. Trump did the standard ‘the Espionage Act provision is unconstitutionally vague’ argument every [Espionage] Act defendant tries. It will fail. Just like the rest.”
Repeating Old Tactics
Former federal prosecutor and known Trump critic, Joyce Vance, commented that Trump’s recent presidential immunity filing echoes his previous attempts in the election interference case in Washington, D.C.
Vance stated, “The arguments are no more meritorious than the ones the court of appeals in DC already rejected.”
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