Lawyers for Donald Trump requested on Friday that a U.S. judge partially pause the criminal case accusing the former president of mishandling classified documents. This comes in light of the U.S. Supreme Court ruling that presidents have broad immunity for official acts.
Trump, the Republican presidential candidate, believes the Supreme Court’s ruling, which grants him broad immunity from criminal prosecution in a case involving his efforts to overturn the 2020 election, also strengthens his immunity claim in the classified documents case.
Trump’s legal team argued that a pause is necessary “to minimize the adverse consequences to the institution of the presidency arising from this unconstitutional investigation and prosecution,” according to their court filing.
This request is part of Trump’s broader strategy to leverage the Supreme Court ruling as he faces four criminal prosecutions. Trump has already used the decision to delay his sentencing on charges related to falsifying business records.
Additionally, this move seeks to delay proceedings as Trump campaigns to unseat Democratic President Joe Biden in the November 5 election.
Trump’s lawyers asked U.S. District Judge Aileen Cannon, a Trump appointee overseeing the documents case, to halt activity until she rules on Trump’s requests to dismiss the charges based on his immunity claim and his assertion 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 that former presidents have broad immunity for actions taken during their presidency could complicate this case.
Trump’s lawyers have already argued that Trump’s decision to send the classified records to his Florida resort was an official act.
Prosecutors working with Smith previously dismissed Trump’s claim as “frivolous,” asserting that the charges pertain to Trump’s conduct after he left the White House.
Trump has also argued that Smith’s 2022 appointment to oversee investigations involving him violated the U.S. Constitution because his office was not created by Congress.
Prosecutors have disputed this claim.
Trump’s argument gained some support from conservative Supreme Court Justice Clarence Thomas. In an opinion agreeing with the court’s conclusion on presidential immunity, Thomas questioned whether Smith was lawfully appointed.
Thomas’ opinion, though holding limited legal authority as he was the only justice to address the issue, was highlighted by Trump’s lawyers in their court filing on Friday as further support for their claims.