Trump lawyers to argue Florida judge should dismiss classified documents case

Trending 3 months ago

FORT PIERCE, Fla. — Attorneys for Donald Trump will reason successful a Florida courtroom connected Thursday to disregard nan national criminal lawsuit involving his handling of classified documents connected nan grounds that nan Presidential Records Act bars his prosecution. 

Trump’s ineligible squad and prosecutors for typical counsel Jack Smith are expected to reason their positions connected whether each aliases immoderate of nan charges should beryllium thrown retired because of nan 1978 rule that governs nan preservation of accusation during and pursuing a presidency.

Smith has called connected nan judge overseeing nan lawsuit to cull Trump’s declare that he should beryllium shielded from prosecution because classified statesmanlike records “can beryllium transformed into ‘personal’” records by removing them from nan White House. Trump has said that he designated nan materials he took to Mar-a-Lago arsenic individual records while still successful office. A president's individual records are excluded from nan act's requirements.

The sides will besides talk a 2nd mobility to disregard nan lawsuit connected nan mentation that nan main statute utilized against Trump is unconstitutionally vague arsenic it applies to presidents and can’t beryllium utilized against him. Trump has pleaded not blameworthy to nan charges that he wrongfully held connected to classified accusation aft leaving nan White House.

Presiding complete nan lawsuit is U.S. District Judge Aileen Cannon. She has said some sides should expect to walk nan full time successful court. Trump’s lawyers indicated that he and his 2 co-defendants would be nan proceeding successful Fort Pierce, Florida.

Judge Aileen CannonJudge Aileen Cannon.US District Court for nan Southern District of Florida / AFP via Getty Images file

Their lawyers person besides sparred complete nan timing of nan trial, primitively scheduled to statesman connected May 20, but which Cannon is expected to push back. The judge granted nan defendant's petition for much clip but has not group a caller proceedings date. 

Trump is facing dozens of felony charges successful nan indictment, including willful retention of nationalist defense information, mendacious statements and representations, conspiracy to obstruct justice, withholding a archive aliases grounds and corruptly concealing a document. Trump has denied each wrongdoing. 

Trump’s co-defendants successful nan case, Walt Nauta and Carlos De Oliveira, person besides pleaded not blameworthy to nan related charges against them successful nan indictment. The typical counsel accused Nauta and De Oliveira, a Mar-a-Lago spot manager, of seeking to erase information footage astatine Mar-a-Lago aft nan Justice Department sought to get it. De Oliveira is besides accused of making mendacious statements to prosecutors.

All 3 defendants person pleaded not blameworthy to nan counts against them.

Trump has appeared successful tribunal much often successful caller months, attending astir of a proceedings successful writer E. Jean Carroll’s 2nd defamation lawsuit against him this twelvemonth and respective days of nan monthslong civil fraud proceedings brought against him and his business by New York Attorney General Letitia James precocious past year. 

In a tribunal filing asking for much clip to respond to different outstanding motions successful nan documents case, Trump’s attorneys said they were preparing for nan March 25 commencement day of his New York criminal trial.

Trump’s lawyers are besides seeking to delay nan tests until aft nan U.S. Supreme Court rules connected his claims of statesmanlike immunity because it could impact really nan lawsuit proceeds. 

Katherine Doyle

Katherine Doyle is simply a White House newsman for NBC News.