In four motions filed late last week in the U.S. District Court for the Southern District of Florida, Donald Trump's lawyers seek dismissal of 40 felony charges based on his retention of classified documents after leaving the White House in January 2021. They argue that his decision to keep the documents is shielded by "absolute" presidential immunity for "official acts," that he had complete discretion to designate records as personal rather than presidential, and that the charges related to mishandling "national defense information" are based on an "unconstitutionally vague" statute. They also argue that Special Counsel Jack Smith, who obtained the indictment, was improperly appointed, making all of the charges invalid.
The motion based on presidential immunity, which seeks dismissal of the 32 counts alleging unlawful retention of specific classified documents, rehashes the argument that a D.C. Circuit panel unanimously rejected this month in the federal case based on Trump's attempts to remain in office after he lost the 2020 presidential election. "The D.C. Circuit's analysis is not persuasive," Trump's lawyers write, "and President Trump is pursuing further review of that erroneous decision, including en banc review if allowed, and review in the U.S. Supreme Court if necessary." They say U.S. District Judge Aileen M. Cannon, who is overseeing the documents case in Florida, "should not follow the D.C. Circuit's non-binding, poorly reasoned decision."
