WASHINGTON: Lawyers representing former President Donald Trump have filed a motion in a federal court seeking the dismissal of charges alleging the unlawful removal of classified documents from the White House upon his departure. They argue that Trump is shielded by presidential immunity.
This case involves Trump taking classified materials to his residence in Florida and impeding investigators’ attempts to retrieve them, adding to the four criminal indictments he faces while campaigning for a second presidential term.
Trump has pleaded not guilty to the 40-count indictment brought by special counsel Jack Smith in Florida. In a 20-page motion, Trump’s lawyers contend that his actions were authorized while he was in office, thus falling under official capacity and presidential immunity.
Similar arguments have been presented regarding a federal indictment accusing Trump of conspiring to retain power after losing the 2020 election to President Joe Biden, culminating in the January 6, 2021 Capitol riot by his supporters.
Previously, a federal appeals court rejected Trump’s immunity claim as “unsupported” by the Constitution, prompting an appeal to the Supreme Court for a delay in the ruling.
The question of whether a former US president is immune from prosecution remains untested in American jurisprudence, with Donald Trump being the first former head of state to face criminal charges.
