Former President Donald J. Trump’s legal team has requested a pause in his classified documents case following a recent Supreme Court ruling granting him broad immunity against criminal prosecution for his actions as president. The ruling, issued on Monday, has prompted his lawyers to seek to apply this immunity to the ongoing documents case, where he is accused of retaining sensitive national security material after leaving office.
In a 10-page motion, Mr. Trump’s legal team asked Judge Aileen M. Cannon to allow additional briefings on immunity and to halt pretrial activity until the issue is resolved. The lawyers argue that resolving these questions is crucial to safeguard the presidency from the repercussions of what they deem an unconstitutional investigation and prosecution.
The indictment in the documents case centers on Mr. Trump’s actions post-presidency, accusing him of illegally withholding national security material and impeding retrieval efforts by the government. His legal team asserts that the Supreme Court’s ruling should shield him from these charges, as his actions were taken in an official capacity.
Mr. Trump’s bid to pause the documents case reflects his strategy of leveraging legal maneuvers to delay proceedings. Unlike typical appeals, issues of immunity allow for immediate appeals during a criminal prosecution, focusing on the validity of the charges themselves.
Despite opposition from prosecutors, Mr. Trump’s lawyers are pushing their immunity claims, questioning the legality of Mr. Smith’s appointment as special counsel. The Supreme Court’s ruling, especially Justice Clarence Thomas’s commentary, has brought this issue to the forefront.
Judge Cannon’s exploration of Mr. Smith’s appointment signals potential legal complexities ahead. Mr. Trump’s legal team’s moves reflect a multifaceted approach to challenging the prosecution and safeguarding his interests.
