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Trump lawyers move to dismiss classified documents case

Feb 23

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On Feb. 22, Former President Donald Trump’s lawyers launched a bid to drop the criminal charges accusing him of illegally keeping sensitive national security documents after his presidency. Trump’s team submitted three public motions to dismiss the charges against him. Attorneys sent three more motions to the court via email for a review of potential redactions, handling the process privately.

They argue that the statute he’s charged under is too vague when applied to presidents, that appointing a special counsel is unconstitutional, and that the Presidential Records Act should nullify the charges.

Prosecutors, however, have labeled Trump’s immunity defense as baseless, pointing out that the actions in question occurred after he was president, highlighting a clear distinction between his official duties and his conduct as a private citizen. They also accuse Trump of deliberately obstructing efforts to retrieve the documents.

The former president has pleaded not guilty to charges of unlawfully keeping national defense information found at his Florida estate, well after his presidency ended.

He’s also accused of instructing a Mar-a-Lago employee to erase security footage. Walt Nauta, his top aide, and Carlos De Oliveira, the estate’s maintenance supervisor, also pleaded not guilty, facing allegations of attempting to delete security video. On Feb. 22, De Oliveira sought to have his charges dismissed. Trump is expected to appear in court in May.

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[LAUREN TAYLOR]

FORMER PRESIDENT DONALD TRUMP HAS TAKEN SIGNIFICANT LEGAL ACTION — AIMING TO DISMISS THE CRIMINAL CHARGES ACCUSING HIM OF MISHANDLING CLASSIFIED DOCUMENTS AFTER LEAVING OFFICE.

TRUMP’S LEGAL TEAM CONTEND — THE CHARGES ARE AT ODDS WITH LAWS GOVERNING PRESIDENTIAL RECORDS AND CLAIM

TRUMP’S PRESIDENTIAL IMMUNITY SHIELDS HIM FROM BEING CHARGED.

PROSECUTORS HAVE CALLED TRUMP’S IMMUNITY CLAIM “FRIVOLOUS” SAYING THE CONDUCT CHARGED IN THE INDICTMENT ALL OCCURRED AFTER TRUMP LEFT THE WHITE HOUSE.

THEY ALSO ALLEGE THE FORMER PRESIDENT ACTIVELY OBSTRUCTED GOVERNMENT EFFORTS TO RETRIEVE THE CLASSIFIED DOCUMENTS.

LAST JUNE, TRUMP PLEADED NOT GUILTY TO 40 CRIMINAL COUNTS.

A TRIAL IS SCHEDULED TO BEGIN IN MAY.