Former President Donald Trump is urging a federal judge in Florida to dismiss the criminal case against him, contending that his presidential immunity shields him from prosecution, according to court documents filed late Thursday.
Trump’s attorneys echoed arguments rejected by a federal appeals court earlier this month in a separate case related to the 2020 election interference in Washington, D.C. Trump, a leading contender in the Republican presidential primary, has asked the U.S. Supreme Court to intervene in that case to delay the trial until after the November election.
In the Florida case, Trump’s legal team asserted that the charges, which allege illegal retention of classified documents, hinge on his decision to designate the papers as “personal” records under the Presidential Records Act.
They argued that this designation constituted an “official act” carried out while he was in office, thereby insulating him from prosecution.
However, the federal appeals court in Washington rejected Trump’s claim of absolute immunity for actions taken within the scope of his official duties as president.
Despite this, Trump’s lawyers urged U.S. District Judge Aileen Cannon not to adhere to the appellate court’s decision, describing it as “poorly reasoned” in the context of the classified documents case.