Trump’s lawyers filed several motions to dismiss the classified documents case, arguing, in part, that he’s entitled to presidential immunity. The DC appeals court already rejected immunity claims, but Trump’s lawyers asked SCOTUS to pause the appeals court’s decision.
The lawyers argued against the D.C. ruling
“The D.C. Circuit’s analysis is not persuasive for many of the reasons,” Trump’s attorney wrote in one of four motions, adding that “President Trump is pursuing further review of that erroneous decision including … review in the U.S. Supreme Court if necessary.”
Presidents need “full immunity”
In January, Trump wrote on Truth Social, “EVEN EVENTS THAT ‘CROSS THE LINE’ MUST FALL UNDER TOTAL IMMUNITY, OR IT WILL BE YEARS OF TRAUMA TRYING TO DETERMINE GOOD FROM BAD.” He added, “A PRESIDENT OF THE UNITED STATES MUST HAVE FULL IMMUNITY, WITHOUT WHICH IT WOULD BE IMPOSSIBLE FOR HIM/HER TO PROPERLY FUNCTION.”
The DC three-judge panel disagreed
The three-judge panel in D.C. wrote in their ruling, “It would be a striking paradox if the President, who alone is vested with the constitutional duty to ‘take Care that the Laws be faithfully executed,’ was the sole officer capable of defying those laws with impunity.”
More from the filing
The 22-page filing asserted, “President Trump’s decision to designate records as personal and cause them to be removed from the White House plainly constitutes an official act within the ‘outer perimeter’ of the president’s official duties.” The lawyers also argued Trump had “virtually unreviewable Article II executive authority to designate the records as personal.”
What’s in the Presidential Records Act?
According to the Presidential Records Act, as soon the president leaves office, the National Archives and Records Administration gets custody and control of all presidential records from their administration. Personal notes include memos and things related to the president’s election to the White House.
Presidential Records and the Presidential Records Act had to react
In June 2023, Presidential Records and the Presidential Records Act published an official statement that says, in part, the organization “makes the legal status of Presidential records clear and unambiguous, providing that the United States reserves and retains ‘complete ownership, possession, and control of Presidential records.”
Will SCOTUS get involved?
Trump’s lawyers asked the Supreme Court to pause the D.C. ruling in the case related to Trump’s alleged attempts to overturn the 2020 election. SCOTUS still has to decide whether to take on or reject the case, which would automatically mean upholding the lower court’s decision.
Trump vs. Jack Smith
The filings also argued that Attorney General Merrick Garland’s appointment of Jack Smith was “unlawful” since the Senate did not approve it. The Trump lawyers wrote, “The Appointments Clause does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States.
Smith “lacks authority”
The lawyers continued, “Jack Smith lacks the authority” to conduct the underlying prosecution. The motion added, “Those actions can be taken only by persons properly appointed as federal officers to properly create federal offices.”
Barr did the same
CNN reported that Bill Barr, former A.G. in the Trump administration, acted like Garland when he appointed Special Counsel John Durham. Garland cited his “authority” under the law to appoint Smith, and Barr cited the same law.
Trump discussed the case with Laura Ingraham
During a Fox News town hall meeting in South Carolina, Laura Ingraham asked Trump why he didn’t return the alleged classified material. “First of all, I didn’t have to hand them over,” Trump said, adding, “But second of all, I would have done that. We were talking, and then all of a sudden, they raided Mar-a-Lago.”
The trial should start in May
The trial is still on Judge Cannon’s docket for May, with the pretrial hearing set for March 1. But, with the latest filing, this case will have to be paused until SCOTUS’s decision, just like the election interference one.
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