The legal team representing former President Donald Trump has requested a temporary halt of the classified documents case against him.
Lawyers for the former president argue that a recent Supreme Court decision grants Trump immunity from prosecution for actions performed while serving as president, as the New York Post reports.
On Friday, Trump’s attorneys Todd Blanche, Emil Bove, and Christopher Kise filed a motion seeking to halt the case. Central to their argument is a Supreme Court ruling from Monday, declaring that presidents have absolute immunity from prosecution for official acts executed while in office.
The lawyers assert that this decision severely undermines the prosecution's stance that Trump is not immune from criminal responsibility for keeping national security documents. They further cited a concurring opinion from Justice Clarence Thomas, which raised doubts about the appointment of special counsel Jack Smith by Attorney General Merrick Garland.
The request for the pause comes after President Joe Biden criticized the Supreme Court ruling on Monday night. Biden expressed that the American electorate deserves to know the outcomes of ongoing legal cases involving Trump before the 2024 election.
Trump's legal team responded strongly to Biden’s remarks. In their motion, Blanche, Bove, and Kise argued that Biden's comments were proof of a politically motivated campaign against Trump, terming it a "lawfare campaign."
The lawyers also pointed to leaks attributed to the Washington Post. They claimed Smith communicated through intermediaries that he plans to continue the prosecution, even if Trump wins re-election. According to Trump's defense team, this is an egregious breach of Department of Justice policies.
The defense team urged U.S. District Judge Aileen Cannon to grant a partial stay on the case, allowing the court to handle the issue of immunity first. The lawyers suggested a briefing itinerary for discussions on the immunity-related matters extending into September. However, Smith’s office objected to the proposed motion for a stay. Government lawyers have requested the chance to formally respond to the defense team's arguments.
In their motion, Trump's lawyers emphasized the necessity of addressing foundational concerns about presidential immunity and other constitutional issues before progressing further with the case. They also linked this to other legal proceedings, such as Trump’s Manhattan “hush money” case, although experts consider a significant effect on this front unlikely until sentencing in September.
Blanche, Bove, and Kise asserted in their court filing: "The remark explicitly connected the Special Counsel’s Office with President Biden’s misuse of the criminal justice system to communicate with voters prior to the election." They continued: "Smith’s indirect notification to the media and his allies that he has no qualms about prosecuting President Trump, even as President-elect after more than 100 million Americans cast their votes, is in blatant violation of DOJ policy and practice."
The defense team insisted that resolving key questions regarding presidential immunity is crucial before tackling other issues in the case. They highlighted the necessity of clarity on this front to address recurring constitutional debates.
The Supreme Court ruling and subsequent legal maneuvers have introduced significant complexity into the ongoing legal proceedings against Trump. The discourse surrounding presidential immunity, departmental practices, and political motivations will likely continue intensifying as the legal calendar unfolds.
In summary, Trump's attorneys are pushing for a halt to the classified documents case, citing a Supreme Court ruling they interpret as providing immunity. They allege political motivations behind comments made by Biden and actions by Special Counsel Jack Smith. Legal experts remain skeptical about the broader impact of the immunity ruling on Trump's other cases as motions and countermotions progress in the courts.
