Trump Requests Pause in Proceedings Regarding Handling of Sensitive Documents Case
ICARO Media Group
Former President Donald Trump and his legal team have filed a motion requesting a pause in the proceedings of the case that involves his alleged mishandling of sensitive government documents. They have asked U.S. District Judge Aileen Cannon to resolve their pending requests to dismiss the charges based on presidential immunity and the constitutionality of special counsel Jack Smith's appointment.
The motion, submitted on Friday, references the recent Supreme Court decision that granted former presidents immunity from federal prosecution for official acts conducted while in office. Trump's legal team argues that a partial stay in the proceedings is warranted based on the reasoning of the Supreme Court's ruling, which originated from Trump's prosecution by Smith in Washington, D.C., related to the 2020 election.
Lawyers Todd Blanche, Emil Bove, and Chris Kise stated in the filing that resolving the key questions surrounding presidential immunity and the constitutionality of Smith's appointment is crucial to protect the presidency and prevent the exploitation of judicial institutions and resources.
In February, Trump had requested Judge Cannon to dismiss the charges against him, asserting that he is entitled to presidential immunity and that Smith's appointment violates the Constitution's Appointments and Appropriations Clauses. As of now, Judge Cannon has not ruled on these requests.
The former president is currently facing 40 charges related to the alleged mishandling of classified documents after leaving office and obstruction of the Justice Department's investigation. Trump has pleaded not guilty to all charges.
In addition to the request to pause the proceedings, Trump and his lawyers also proposed submitting additional briefs in the case to debate whether the conduct described in the indictment is official or unofficial.
Trump has consistently argued in all three ongoing prosecutions that he is entitled to broad legal protections from prosecution due to the alleged conduct occurring during his presidential term. However, Smith and his team of prosecutors have urged Judge Cannon to reject Trump's claims, arguing that the charges in the indictment are not related to actions taken by Trump while he was in office.
The recent Supreme Court ruling, while originating from allegations about Trump's attempt to subvert the transfer of presidential power after the 2020 election, is expected to impact the other criminal cases against him as well.
Trump's lawyers also highlighted Justice Clarence Thomas' concurring opinion that questioned the legality of Smith's appointment, although the opinion is not binding as no other justice joined Thomas' position. Trump and his legal team believe that Thomas' opinion strengthens their argument to dismiss the prosecution based on Smith's allegedly unlawful appointment.
The trial for the case, which was initially set to begin in late May, has been indefinitely postponed by Judge Cannon. With the immunity ruling and the ongoing legal proceedings, it is unlikely that either of Smith's cases against Trump will be tried before the upcoming November 5 general election.