Trump seeks to pause classified documents case after Supreme Court ruling on immunity

by | Jul 5, 2024

President Trump has requested a pause in the federal prosecution regarding his alleged mishandling of classified information following a recent Supreme Court ruling that former presidents are immune from criminal charges related to official acts.

 

In a filing on Friday, Trump’s legal team asked US District Judge Aileen Cannon to establish a schedule for debating the implications of the Supreme Court's decision. They proposed deadlines extending into September and requested a halt to most of the case proceedings until a ruling on immunity and a separate constitutional challenge to Special Counsel Jack Smith’s appointment is made.

Trump’s lawyers emphasized that resolving these preliminary issues is crucial to mitigate adverse effects on the presidency from an unconstitutional investigation and prosecution.

This move follows the Supreme Court’s 6-3 decision on July 1, which granted Trump protection against charges for official acts during his presidency. Although the ruling stemmed from a separate case involving his efforts to ‘overturn’ the 2020 election ‘results’, it is expected to influence the other three prosecutions against him.

Meanwhile, a state judge in Manhattan has delayed sentencing in the hush-money case against Trump from July 11 to September 18. Trump’s legal team plans to argue that his conviction should be overturned, contending that the judge erroneously allowed evidence related to Trump’s presidential actions.

In Washington, the election obstruction case awaits reassignment to US District Judge Tanya Chutkan, who will then set a schedule for briefs and potentially a hearing to determine the extent of the indictment that can proceed to trial.

In Fulton County, Georgia, a state prosecution related to the 2020 election is on hold due to Trump’s attempt to disqualify District Attorney Fani Willis. A Georgia appeals court is scheduled to hear arguments in October, and the Supreme Court’s immunity decision is likely to impact and potentially delay the trial once the disqualification issue is resolved.

Trump faces charges in Florida for retaining documents with sensitive national security information after leaving the White House and allegedly attempting to obstruct the government’s investigation into those materials. The long-term schedule for this case remains uncertain, with Judge Cannon canceling a May trial and indefinitely postponing the setting of a new date as pretrial legal disputes continue.

Trump’s lawyers, who initially raised the immunity claim in February, argue that he should be immune from charges related to possessing classified documents because decisions made as president about which records to classify as personal and take with him were protected official acts.

Judge Cannon previously rejected Trump’s argument for dismissing charges under the Presidential Records Act but left open the possibility for him to use it as a defense during the trial, despite the government’s objections.

 

Read the court filing here.

Bloomberg

 

 

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