Trump’s lawyers on Thursday filed several motions to dismiss the case, including one centering on the argument that Trump should be entitled to presidential immunity.
The motion acknowledges a Washington, DC appeals court decision on February 6.
In that case, the court ruled that Trump isn’t immune to prosecution on charges related to efforts to overturn the 2020 election. However, Trump’s lawyers have asked the Supreme Court to pause the appeals court’s decision.
Now, on the Mar-a-Lago case, Trump’s lawyers are arguing that the DC appeals court “erred in finding that President Trump was not entitled to presidential immunity.”
“This Court should not follow the D.C. Circuit’s non-binding, poorly reasoned decision,” read the motion.
Trump’s lawyers have also argued that the case should be dismissed, based on their allegation that special counsel Jack Smith was unlawfully appointed.
In June, Trump was indicted and accused of taking classified documents with him from the White House to his Florida residence after he left office. This is on top of the three other indictments he’s facing.
Trump has often trotted out the argument that he shouldn’t be prosecuted, in the name of presidential immunity.
In January, Trump said in a Truth Social post that presidents needed “full immunity” since “any mistake, even if well intended, would be met with almost certain indictment by the opposing party at term end.”
“EVEN EVENTS THAT ‘CROSS THE LINE’ MUST FALL UNDER TOTAL IMMUNITY, OR IT WILL BE YEARS OF TRAUMA TRYING TO DETERMINE GOOD FROM BAD,” he wrote in his post.
Representatives for Trump did not immediately respond to a request for comment from Business Insider sent outside regular business hours.
