JUST IN: Trump Moves To Dismiss Federal Case In Florida

In a significant legal maneuver, former President Donald J. Trump has officially filed a motion to dismiss the federal case against him in the Southern District of Florida. Trump’s legal team argued that the charges, which stem from his actions during his presidency, are protected by presidential immunity, a principle deeply rooted in the separation of powers doctrine.

In four court filings, Trump’s attorneys implored Judge Aileen Cannon to dismiss the case. Trump’s defense asserted that the former president is immune from prosecution for actions taken in his official capacity.

“President Donald J. Trump respectfully submits this motion seeking dismissal of Counts 1 through 32 on the basis of presidential immunity, as these charges stem directly from official acts by President Trump while in office,” the defense wrote.

Trump was initially indicted in June 2023. The indictment was related to allegations that he mishandled classified documents, which were reportedly retained at his Mar-a-Lago estate in Florida. A superseding indictment in July 2023 added additional charges to those initially brought against Trump. This updated indictment brought the total count of charges to 40.

The motion argued that Trump’s decisions regarding the designation of certain records as personal and their subsequent movement from the White House to Mar-a-Lago were “official acts” and thus fall under the protective umbrella of presidential immunity.

“President Trump was still the President of the United States when, for example, many of the documents at issue were packed (presumably by the GSA), transported, and delivered to Mar-A-Lago,” the motion explained.

The motion highlighted the unique legal and constitutional questions surrounding the prosecution of a former president for actions taken while in office. They referenced historical and legal precedents showing that a sitting or former president’s official acts are beyond the reach of judicial scrutiny, due to the separation of powers among the branches of government.

Trump’s legal team further argued that the Impeachment Judgment Clause implies that a president cannot be criminally prosecuted unless first impeached and convicted by the Senate, suggesting a constitutional safeguard against the prosecution of a president for actions performed while in office. This interpretation aims to solidify the notion that presidential actions, deemed official, are beyond judicial scrutiny post-presidency.

Trump’s defense warned of the dangers to the presidency and the separation of powers, stating, “Without immunity from criminal prosecution, the President’s political opponents will seek to influence and control his or her decisions via de facto extortion or blackmail with the threat, explicit or implicit, of indictment by a future, hostile Administration, for acts that do not warrant any such prosecution.”

This suggests that the absence of immunity could undermine the independence and efficacy of the executive branch.

Trump additionally pressed Cannon to nullify the indictment, asserting that Smith “lacks the authority” to pursue the prosecution.

Trump has faced several indictments over the last two years, marking unprecedented legal challenges for a former U.S. President:

• Classified Documents Handling at Mar-a-Lago: The first indictment related to allegations that Trump mishandled classified documents at his Mar-a-Lago estate in Florida. Initially indicted in June 2022, a superseding indictment in July added more charges, bringing the total to 40 counts.
• Hush Money Payments: Trump was indicted in New York over payments made during the 2016 presidential campaign to silence claims of an extramarital sexual encounter.
• Georgia Election Interference: Trump faced an indictment in Georgia related to efforts to overturn the 2020 presidential election results. The charges were centered on allegations of conspiracy to commit election fraud.
• Federal Election Interference and Obstruction: This indictment, led by Special Counsel Jack Smith, focused on Trump’s actions surrounding the January 6, 2021, Capitol breach.