Trump asks Florida court to halt classified files case after Supreme Court ruling on presidential immunity
The former president took to his social network Truth to refer to the filing as "a really bad day for Deranged Jack Smith, the wacko prosecutor used for Crooked Joe Biden’s attack on his Political Opponent."
In an ambitious legal move, former President Donald Trump requested a partial pause in the classified files case filed against him after the Supreme Court ruled that presidents have substantial immunity for official acts that occurred while in office.
According to court documents filed Friday, Trump's lawyers asked a Florida court to suspend proceedings in the case filed by special prosecutor Jack Smith, except for those related to the gag order from Smith himself.
The former president's lawyers asked the court to stay the proceedings until the judge can apply the Supreme Court's immunity ruling to the facts of the case.
"Resolution of these threshold questions is necessary to minimize the adverse consequences to the institution of the Presidency arising from this unconstitutional investigation and prosecution," Trump's lawyers wrote in their motion.
In another paragraph, they elaborated on their request, "Consistent with President Trump’s pending motion to dismiss based on Presidential immunity, the Supreme Court explained in Trump that it would 'eviscerate the immunity we have recognized' if a prosecutor could 'do indirectly what he cannot do directly—invite the jury to examine acts for which a President is immune from prosecution to nonetheless prove his liability on any charge.'"
The lawyers added: "Thus, ‘even when an indictment alleges only unofficial conduct,’ which is not the case here, prosecutors cannot ‘[u]se evidence' of official acts. Based on this reasoning, like the trial court in the Trump case, Your Honor must undertake the ‘necessarily factbound analysis’ regarding whether alleged conduct ‘is official or unofficial."
After filing the motion, former President Trump took to his social media Truth to refer to the filing as "a really bad day for Deranged Jack Smith, the wacko prosecutor used for Crooked Joe Biden’s attack on his Political Opponent."
The motion filed by Trump's lawyers comes after the Supreme Court, in a case stemming from prosecutor Smith's extensive investigation, ruled that a former president has substantial immunity from prosecution for official acts committed while in office.
However, the high court also said that immunity does not apply to unofficial acts.
Also, in the 6-3 decision, the justices remanded the matter to a lower court as they did not assess in the ruling whether or not former President Trump is immune from prosecution for actions related to efforts to overturn the 2020 election results.