Athena Hallet
Donald Trump’s legal team submitted a series of papers to the U.S. District Judge Aileen Cannon on Thursday, arguing that his presidential immunity prevents him from being charged in the Florida secret materials case.
Six Motion Attempts Made By Trump Trying To Dismiss 40-Count Indictment
The Washington Post reported that Trump’s attorneys filed at least six petitions to have the 40-count indictment against him dismissed.
The accusations made include mishandling sensitive documents and obstructing the government’s efforts to acquire them. According to the newspaper, Trump’s legal team also also filed motions to dismiss the case, citing alleged prosecutorial misconduct and claiming selective and spiteful prosecution.
Being Reviewed By The Supreme Court
The same claims made by his attorneys’ were previously rejected in the election subversion case in D.C. Earlier this month. A panel of appeals court had, in a unanimous decision, decided that Trump will not be considered immune in this specific lawsuit.
The matter is currently under review by the Supreme Court, which may remedy the dispute regarding both cases.
Trump Has Immunity From Prosecution in Counts 1 Through 32
“Specifically, President Trump is immune from prosecution on Counts 1 through 32 because the charges turn on his alleged decision to designate records as personal under the Presidential Records Act (‘PRA’) and to cause the records to be moved from the White House to Mar-a-Lago,” the immunity filing states.
“The alleged decision was an official act, and as such is subject to presidential immunity.”
Trump’s Alleged Obstruction
On Thursday, Trump summoned his right to immunity in regards to the 32 charges against him in the indictment for allegedly illegally keeping national security material.
The eight allegations that are remaining consist of obstruction of justice that took place after he left office.
Special Counsel Jack Smith Was Improperly Appointed
According to a different motion, Jack Smith, the special counsel, was not appropriately appointed as the Senate did not confirm him.
In a different petition, which Smith’s side has denied, cited that Trump is not able to be prosecuted for holding onto nuclear secrets-containing documents because he maintained his confidential clearance for months after his departure from office.
POTUS Could Choose To Declassify All of Our Most Sensitive Secrets
Legal experts contested claims made by Trump’s administration. A tweet made by former US Attorney Joyce Vance stated, “The arguments are no more meritorious than the ones the court of appeals in DC already rejected.”
Norm Eisen from CNN legal commented, “If this were allowed, POTUS could declassify all of our most sensitive secrets when leaving office and sell them to Putin 5 minutes later.”
Trump’s Access To Those Records Was Not ‘Unauthorized‘
The justice department refutes another argument made within two of the papers, asserting that Trump has the authority to classify presidential records as personal under the Presidential Records Act.
One complaint reports, “the PRA conferred unreviewable discretion on President Trump to designate the records at issue as personal…As such, President Trump’s possession of those records was not ‘unauthorized’ as alleged in Counts 1 through 32.”
This Motion Is Insultingly Foolish
Bradley Moss, a national security lawyer said, “This motion is insultingly stupid,” pointing out that
Highlighting the fact that Trump cannot introduce new evidence in a request to dismiss, as opposed to when he made claims to have classified materials he took without permission under the ruse that they were personal records.
What a Joke
“What a joke,” he wrote. “You can’t introduce facts, and that alone is fatal to this motion.
Trump is stuck with the facts of the indictment, no matter how much this motion pretends otherwise.” Moss argued that even if Trump was guilty of reclassifying the papers, his reasons were illogical.
Complete Disappointment By Trump’s
Moss conveyed his utter disappointment with Trump’s actions, he stated that he was “utterly let down by Trump’s motions.
In further expression, he said “I thought they actually had concocted a legitimate set of legal theories. I see no reason to believe any of these will go anywhere.”
This Motion Is Truly Disappointing
He wrote “Why would that then put them beyond the reach of the Espionage Act and national defense information? How does the PRA insulate Trump from that statutory provision? Your guess is as good as mine since his motion never addresses it,”
“This motion is such a let down. I was expecting a lengthy diatribe about the PRA’s history but this is nothing more than Tom Fitton’s legal fantasy. Cannon will reject this easily.”
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