WEST PALM BEACH, Fla. – Former President Donald Trump has filed to dismiss the criminal indictment against him, arguing that the charges and the special counsel lack legitimacy. The filings submitted on Thursday evening form an intense defense against allegations of keeping classified information at his Mar-a-Lago residence.
In these filings, Trump’s legal team made clear their strategy to delay any eventual trial date, putting forth arguments that challenge the heart of the classified documents case. They argued that Trump is protected by presidential immunity, stating that the indictment covers alleged decisions made by Trump as president, which are “subject to presidential immunity” as an official act.
Furthermore, Trump’s attorneys made reference to a previous ruling by a three-judge panel in Washington, D.C., which dismissed the argument that Trump should be immune from prosecution. They also accused Attorney General Merrick Garland of appointing special counsel Jack Smith improperly, raising the argument that because Trump was still president when he took the classified documents to Mar-a-Lago, he cannot be criminally charged for keeping them in his possession.
Trump also made the audacious claim that Smith was unlawfully appointed and that his actions were permitted under the Presidential Records Act. His attorneys stated that the charges against him in connection with unlawfully retaining classified documents after leaving office were “unconstitutionally vague” because Trump enjoyed the authority to declassify such information as president.
The legal battle will likely continue as Trump’s attorneys are expected to make several more filings to dismiss the classified documents case against him. The filings may go through a process of redacting information before being publicly filed.