Trump team seeks to get Mar-a-Lago classified documents case thrown out
Donald Trump's lawyers have filed multiple motions to have the criminal charges he's facing in the Mar-a-Lago classified documents case dismissed.
“Defendants currently plan to file on February 22, at minimum, a series of motions to dismiss the Superseding Indictment and certain of the charges therein,” Mr Trump's attorneys Todd Blanche and Christopher Kise wrote in the motions, according to NBC News.
The mentioned superseding indictment claims that Mr Trump was involved in a plot to delete security video captured at Mar-a-Lago.
Mr Trump's defence team also said it was considering other motions relating to his claimed "presidential immunity" — which will likely be determined by the US Supreme Court — to the Presidential Records Act, to his security clearance, and on the grounds of "selective and vindictive prosecution," among others.
“Defendants currently plan to file on February 22, at minimum, a series of motions to dismiss the Superseding Indictment and certain of the charges therein,” the motion, filed on Tuesday, says. “Specifically, although the defense is still evaluating potential motions, we expect to file motions on February 22 relating to, inter alia, presidential immunity, the Presidential Records Act, President Trump’s security clearances, the vagueness doctrine, impermissible preindictment delay, and selective and vindictive prosecution.”
They also argued that they should be able to file additional motions after the 22 February deadline for pretrial motions for both Mr Trump's defence and the prosecutorial team under special counsel Jack Smith. The attorneys want an additional month to file motions after the presiding judge rules on any outstanding requests.
In addition to seeking to have the Mar-a-Lago charges dismissed, Mr Trump's lawyers have filed motions asking Judge Aileen Cannon, who is overseeing the case in Florida, to force the government to hand over evidence they believe the prosecution has collected.
Mr Smith's office is reportedly opposing the defence's request for an extended deadline for filing motions.
The case is currently set to go to trial in May, but requests filed by Mr Trump's defence could potentially delay its start. A scheduling conference is planned for 1 March. Judge Cannon could postpone the trial during a ruling at that conference.
Mr Trump's defence filed the motion on the same day that a federal appeals court ruled that the former president was not immune to prosecution over actions he took while in office.
"IF IMMUNITY IS NOT GRANTED TO A PRESIDENT, EVERY PRESIDENT THAT LEAVES OFFICE WILL BE IMMEDIATELY INDICTED BY THE OPPOSING PARTY," Mr Trump wrote on Truth Social on Monday, just ahead of the federal ruling. "WITHOUT COMPLETE IMMUNITY, A PRESIDENT OF THE UNITED STATES WOULD NOT BE ABLE TO PROPERLY FUNCTION!"