Donald Trump's lawyers indicated that he will argue that he has presidential immunity in his classified documents case—even though a federal appeals panel shot down that argument in his federal election interference case.
The panel ruled on Tuesday that the former president can face trial on charges that he plotted to overturn the results of the 2020 election, rejecting his novel claims that he is immune from prosecution for actions taken while in office.
"For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant," the three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit wrote in its opinion.
"But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution."
Trump's team has said they will appeal, which could further delay the case. It had initially been set to go to trial on March 4, but U.S. District Judge Tanya Chutkan, who is overseeing the case, canceled that date on Friday. A new trial date has not been set.
The case is one of four prosecutions Trump is facing as he seeks to reclaim the White House in 2024. Trump, the frontrunner for the Republican nomination, has pleaded not guilty to all charges and decried them as politically motivated efforts to derail his campaign.
Despite the ruling in the election interference case, his attorneys filed a motion on Tuesday in another case brought by special counsel Jack Smith, indicating that they will argue he has presidential immunity in that case.
In that case, Trump is charged with illegally hoarding classified documents at his Mar-a-Lago estate in Florida and obstructing government efforts to get them back. It is set for trial in May.
In a motion filed on Tuesday, Trump's attorneys are seeking "adequate time to file certain motions."
The defense "currently plan to file on February 22, at minimum, a series of motions to dismiss the Superseding Indictment and certain of the charges therein," they wrote in the motion.
They go on to say that although the defense "is still evaluating potential motions," they expect to file motions relating to "presidential immunity, the Presidential Records Act, President Trump's security clearances, the vagueness doctrine, impermissible preindictment delay, and selective and vindictive prosecution."
Newsweek has contacted Trump's lawyers for comment via email.
Trump seeks to postpone the deadline for some pre-trial motions until Cannon resolves bigger picture pre-trial motions he will file by February 22nd.
— Bradley P. Moss (@BradMossEsq) February 7, 2024
He intends to claim President immunity (good luck with that) and argue he is protected by the Presidential Records Act. https://t.co/F66e73dZHW
National security attorney Bradley Moss highlighted the motion on social media, suggesting a presidential immunity defense in this case would also be rejected.
"Trump seeks to postpone the deadline for some pre-trial motions until [Judge Aileen] Cannon resolves bigger picture pre-trial motions he will file by February 22nd," Moss wrote on X, formerly Twitter.
"He intends to claim President immunity (good luck with that) and argue he is protected by the Presidential Records Act."
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