Wednesday, April 17, 2024

The investigator guy wants Judge Cannon to call Trump’s immunity argument in secret papers “silly”

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Special counsel Jack Smith strongly opposes former President Donald Trump’s broad assertion of immunity in a criminal case involving classified documents. Smith urges the judge to prevent Trump from delaying the trial by cutting off his ability to appeal the immunity issue.

Smith’s office argues that the immunity claim lacks merit and seems more like a strategic move to cause delays. Trump faces charges of taking classified documents from the White House and resisting government efforts to recover them. He has pleaded not guilty.

The indictment in Florida, according to prosecutors, does not accuse Trump of actions taken as President, let alone official presidential acts.

The timelines leading to trial have become a point of contention in Smith’s two prosecutions. Trump’s immunity claim in his January 6, 2021-related federal case, centered on his actions as president, is being considered by the courts, leading to a hold on the case. The Supreme Court has scheduled oral arguments for April 25.

In response to Trump’s arguments to dismiss the classified documents case, Smith addressed claims of selective and vindictive prosecution, Trump’s allowance to take classified material to Mar-a-Lago, and the legality of the special counsel’s appointment.

A hearing is set for March 14, and Smith emphasized that Trump’s claim of being selectively prosecuted lacks support, pointing out that no one else with similar alleged misconduct has gone unprosecuted. Smith referred to former special counsel Robert Hur’s report on Biden’s handling of classified documents, highlighting that unlike Biden, Trump is accused of obstructing justice and hindering the return of classified documents.

Regarding Trump’s assertion that the Presidential Records Act allows his handling of classified material, prosecutors argue that removing such material from the White House doesn’t transform it into personal records. They emphasize that the PRA dictates that upon leaving office, the National Archives takes custody of all presidential records, distinguishing them from personal records defined in the PRA as private notes or materials related to the president’s election.

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