The former president’s lawyers asked to freeze nearly all proceedings while they sort out whether the Supreme Court decision applies to charges focused on actions after he left the White House.
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Former President Donald J. Trump’s lawyers first brought up the question of immunity to Judge Cannon in a motion filed in February.
Lawyers for former President Donald J. Trump on Friday asked the judge overseeing his classified documents case to put that proceeding almost entirely on hold as they sort through whether Mr. Trump enjoys immunity from the charges based on a landmark Supreme Court ruling this week.
On Monday, the Supreme Court granted Mr. Trump broad immunity against criminal prosecution for his official acts as president. The ruling came after months of legal wrangling arising from his other federal case — the one in Washington in which he stands accused of plotting to overturn the 2020 election.
His lawyers are now trying to apply that ruling to the documents case. In a 10-page motion, they asked Judge Aileen M. Cannon, who is overseeing the proceedings, to allow them to file additional briefings on immunity and to freeze nearly all pretrial activity until she resolves the issue.
“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,” the lawyers wrote.
The indictment of Mr. Trump in the documents case is focused on actions that took place after he left the White House and accuses him of illegally retaining sensitive national security material and obstructing government efforts to get it back from his post-presidential residence in Florida.
It is not clear whether Judge Cannon will prove to be open to an argument that the Supreme Court’s ruling is applicable in the documents case. The court’s decision was based on the idea that a president should not be subject to prosecution for actions taken in connection with constitutional duties or broadly defined official acts.
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Source: nytimes.com
