In a recent court filing concerning his classified documents case, Donald Trump's legal team made a notable reference to his tenure in the White House, twice describing it as his “first term” as president.
On March 24, Trump's legal team submitted a seven-page document to the U.S. District Court for the Southern District of Florida, the venue for his upcoming trial in the classified documents case. The filing was made in support of Trump's attempt to have the charges dismissed, citing presidential immunity as a primary argument.
In the filing submitted by Trump’s legal team, there were two instances where they referred to “President Trump's first term,” a language departure from previous filings.
On the second page of the filing, they mention: “In two court filings in this case, the Office has conceded that these alleged decisions occurred during President Trump's initial term.” Three pages later, they referenced “alleged actions and decisions during the ‘tail end' and ‘eleventh hour' of President Trump's first term.”
Trump's legal team is asserting that the criminal cases against him should be dismissed based on the argument that the president is legally immune from prosecution for actions taken while in office.
The Supreme Court ruled in 1981 in Nixon v. Fitzgerald that the president is immune from civil damages liability for “official acts” performed while in office, but has not explicitly addressed the issue of immunity from criminal charges.
The Supreme Court has recently agreed to hear the argument concerning the extent to which a former president enjoys immunity from criminal prosecution for conduct alleged to involve official acts during their time in office.
