Lawyers for Donald Trump are requesting a halt to the classified documents case against him, arguing Friday that a recent Supreme Court decision “guts” claims by prosecutors that the former president has “no immunity” from criminal responsibility for hoarding national security papers.
Attorneys Todd Blanche, Emil Bove and Christopher Kise said incourt filings that special counsel Jack Smith can no longer rely on evidence that included “official acts,” given the high court’s Monday ruling that presidents enjoy absolute immunity from prosecution stemming from any such actions taken while in office.
They also noted a concurring opinion from Justice Clarence Thomas to the 6-3 decision that cast doubt on Smith’s appointment as special counsel by Attorney General Merrick Garland.
President Biden had criticized the ruling on Monday night, saying voters “deserve” to know before Election Day the outcome of Trump’s other federal case involving the Jan. 6, 2021, Capitol riot but were unlikely to have that chance now.
“The man who sent that mob to the US Capitol is facing potential criminal conviction for what happened that day and the American people deserve to have an answer in the courts before the upcoming election,” Biden, 81, said in his most direct remarks about the Trump indictments to date.
Blanche, Bove and Kise said the comment, in linking Smith’s indictment to Biden’s re-election effort, was further evidence of an “ongoing lawfare campaign” against Trump, 78.
“The remark explicitly connected the Special Counsel’s Office with President Biden’s misuse of the criminal justice system to communicate with voters prior to the election,” they wrote.
The Monday comments also came days after Biden’s disastrous debate performance on June 27 against Trump in Atlanta, which the attorneys suggested had resulted in “leaks” to the Washington Post about Smith’s intention to continue his prosecution even if Trump wins re-election.
“Smith’s indirect notification to the media and his allies that he has no qualms about prosecuting President Trump, even as President-elect after more than 100 million Americans cast their votes, is in blatant violation of DOJ policy and practice,” the lawyers said.
The ex-president’s defense team asked US District Judge Aileen Cannon to grant a partial stay and resolve “threshold questions” about the immunity ruling and its implications, pushing a potential trial deadline even farther into the future.
Their proposed schedule for handling the immunity-related briefings would stretch into September.
“The Court should resolve the threshold questions identified in Trump relating to Presidential immunity and the Appointments Clause, as well as the related issues presented in the Appropriations Clause motion, prior to addressing the other numerous problems with this case,” they concluded.
Smith’s office objected to the stay motion in a statement included in the filing and requested the opportunity from Cannon to respond.
The immunity ruling could also touch on Trump’s “hush money” conviction in Manhattan earlier this year, but legal experts told The Post it’s unlikely despite the former president’s sentencing being pushed back to September.