The legal team of Donald Trump has signaled their strategy to claim presidential immunity in the classified documents case, even after a federal appeals panel rejected this argument in his election interference case.
Trump’s Immunity Claim: Valid Argument?
The panel decided on Tuesday that Trump, as a former president, is eligible for trial on allegations of attempting to overturn the 2020 election results, dismissing his claims of immunity for actions taken during his presidency.
Accountability Post-Tenure
“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” stated the three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit.
No More Immune?
The panel further added, “But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”
Uncertain Timeline
Trump’s legal team has announced plans to appeal, potentially causing further delays in the case. Originally scheduled to start on March 4, the trial was postponed by U.S. District Judge Tanya Chutkan last Friday, and a new date is yet to be determined.
Innocence Claim in Four Cases
This case is one of four legal battles Trump is facing while he aims to return to the White House in 2024. Despite being the leading candidate for the Republican nomination, Trump has maintained his innocence on all charges, dismissing them as politically driven attempts to hinder his campaign.
Mar-a-Lago Case
Following the decision in the election interference case, his lawyers, on Tuesday, submitted a motion in another case led by special counsel Jack Smith.
They plan to argue for presidential immunity in this case, where Trump faces allegations of illegally keeping classified documents at his Mar-a-Lago estate in Florida and obstructing governmental retrieval efforts. This trial is scheduled for May.
Motion for More Time
On Tuesday, Trump’s legal team filed a motion requesting additional time to submit several motions. They plan to propose, at the very least by February 22nd, a series of motions to dismiss the Superseding Indictment and specific charges within it.
Push for More Time
In a recent filing on Wednesday, Trump’s legal team contends that they should be granted permission to submit extra motions past the deadline, especially if they obtain additional evidence from the prosecution.
Demanding Evidence
Trump’s attorneys have already submitted multiple motions to U.S. District Judge Aileen Cannon, who is managing the case in Florida. These motions demand orders to compel the government to produce evidence that they believe is in its possession.
One-Month Motion Proposal
They have requested a one-month period to file additional significant motions following Judge Cannon’s decisions on Trump’s requests. This proposal, however, faces opposition from the special counsel’s office, which has indicated its disagreement with such a request.
Trump’s Next Move
The defense is still considering potential motions but anticipates filing ones concerning presidential immunity, the Presidential Records Act, Trump’s security clearances, the vagueness doctrine, preindictment delay issues, and claims of selective and vindictive prosecution.
Skepticism Arises
National security attorney Bradley Moss drew attention to this motion on social media, indicating skepticism about the effectiveness of a presidential immunity defense in this scenario.
Legal Leeway for Trump?
“Trump seeks to postpone the deadline for some pre-trial motions until [Judge Aileen] Cannon resolves bigger picture pre-trial motions he will file by February 22nd,” Moss stated on X, formerly known as Twitter.
“He intends to claim President immunity (good luck with that) and argue he is protected by the Presidential Records Act.”
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