(PatriotWise.com) — Attorneys for Donald Trump urged the federal judge presiding over the classified documents case in a Florida district court to dismiss the charges, citing in part presidential immunity from prosecution, despite a similar argument failing in other cases against Trump, the Associated Press reported.
In four motions submitted to US District Judge Aileen Cannon on February 22, Trump’s lawyers launched multiple attacks on the special counsel’s case, charging the former president with illegally retaining classified records and obstructing attempts to retrieve them.
In one motion, Trump’s legal team questioned Jack Smith’s appointment as special counsel, arguing that it was “unlawful” for Attorney General Merrick Garland to appoint Smith and therefore the case should be dismissed.
The motions also cited various legal reasons why Trump was shielded from prosecution in the case.
His attorneys cited the Presidential Records Act, arguing that Trump designated the documents as personal records under the law and therefore could not be charged with retaining them.
They also argued that since Trump designated the documents as personal records while he was still in office, it was part of his official duties as President of the United States, and therefore presidential immunity from criminal prosecution applied.
Attorneys representing Trump in the federal election interference case in Washington have similarly argued that Trump was immune from criminal prosecution for the actions he took to remain in office, claiming they were also part of his official duties as president.
The presidential immunity argument has so far failed, with the US Court of Appeals for the District of Columbia ruling in early February that presidential immunity no longer applies to “citizen Trump.”
However, Trump’s attorneys argued in their motion that the appellate court’s decision was “poorly reasoned” and urged Judge Cannon not to follow it in the classified documents case.
Trump’s attorneys also claimed that the law under which Trump was charged was “unconstitutionally vague.”
The trial in the classified documents case is scheduled to start in late May. However, Judge Cannon has already extended multiple deadlines and has suggested that she would be willing to revisit the trial schedule at a March pre-trial conference.
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