Donald Trump’s lawyers asked a U.S. judge on Friday to partially pause the criminal case accusing him of mishandling classified documents. They based their request on the U.S. Supreme Court’s ruling that presidents have broad immunity for official acts. Trump, the Republican presidential candidate, argued that this ruling, which granted him immunity in a case over his attempts to overturn the 2020 election, also supports his claim of immunity in the classified documents prosecution.
Trump’s lawyers stated that a pause is necessary “to minimize the adverse consequences to the institution of the presidency arising from this unconstitutional investigation and prosecution.” This request marks the latest effort by Trump’s legal team to leverage the Supreme Court ruling as he faces four criminal prosecutions. Trump has already used this decision to delay his sentencing on charges of falsifying business records.
Trump’s legal team asked U.S. District Judge Aileen Cannon, who oversees the documents case, to halt activity until she rules on Trump’s requests to dismiss the charges based on his immunity claim and his argument that lead prosecutor Jack Smith was unlawfully appointed. A spokesperson for Smith declined to comment.
Trump has pleaded not guilty to charges of illegally retaining sensitive national security documents after leaving office in 2021 and obstructing government efforts to retrieve the material. The Supreme Court’s ruling on presidential immunity for official actions could complicate the case. Trump’s lawyers have already argued that his decision to ship the classified records to his Florida resort was an official act.
Prosecutors working with Smith previously dismissed Trump’s claim as “frivolous,” arguing the charges all relate to Trump’s conduct after he left the White House. Trump also contended that Smith’s 2022 appointment to oversee investigations involving him violated the U.S. Constitution because Congress did not create his office. Prosecutors have disputed this claim.
Conservative Supreme Court Justice Clarence Thomas provided a boost to Trump’s claims. In an opinion agreeing with the court’s conclusion on presidential immunity, Thomas questioned whether Smith was lawfully appointed. Although Thomas’ opinion has limited legal authority because he was the only justice to address the issue, Trump’s lawyers highlighted it in Friday’s court filing to support their claims further.
