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Trump asks judge to delay his classified docs case following SCOTUS immunity ruling
MSN / ABC News ^ | July 5

Posted on 07/05/2024 3:27:09 PM PDT by dennisw

Following the Supreme Court's landmark decision on presidential immunity, former President Donald Trump's lawyers on Friday asked the judge overseeing his classified documents case to delay the proceedings and reconsider two motions to dismiss the case in light of this week's immunity ruling.

Trump's lawyers asked U.S. District Judge Aileen Cannon to pause all the proceedings in the documents case -- other than a pending ruling regarding the special counsel's request for a gag order -- so that she can determine whether Trump's alleged conduct in the case is "official or unofficial."

In a blockbuster decision Monday, the Supreme Court ruled that Trump is entitled to presumptive immunity from criminal prosecution for official acts taken while in office.MORE: Supreme Court gives Trump some immunity in Jan. 6 case, but not for 'unofficial acts' Trump's lawyers argued that the Supreme Court's ruling "guts the [special counsel's] position that President Trump has 'no immunity' and further demonstrates the politically-motivated nature of their contention that the motion is 'frivolous.'"

Defense lawyers wrote that they plan to file a separate motion about the implications of the immunity decision, including limits on evidence related to official acts that prosecutors could be precluded from using at trial.

Trump's attorneys also asked to renew another motion claiming that special counsel Jack Smith was unconstitutionally appointed, and asked Cannon to delay the case until those motions are resolved.

"The Court should resolve the threshold questions identified in Trump relating to Presidential immunity and the Appointments Clause, as well as the related issues presented in the Appropriations Clause motion, prior to addressing the other numerous problems with this case," Trump's lawyers wrote.

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; Politics/Elections
KEYWORDS: immunity; jacksmith; trump

1 posted on 07/05/2024 3:27:09 PM PDT by dennisw
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To: dennisw

The move from Trump’s lawyers marks the second of the former president’s criminal cases to be likely impacted by the Supreme Court’s ruling on presidential immunity. Earlier this week, Trump’s lawyers asked a New York judge to throw out the former president’s conviction for falsifying business records by arguing the jury saw evidence that would have been protected by presidential immunity.


2 posted on 07/05/2024 3:27:20 PM PDT by dennisw (Why is the rabbit unafraid? Because he's smarter than the panther.)
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To: dennisw

The key word is asks. He either can or he can’t. Shouldn’t matter what the judge thinks but what do I know?


3 posted on 07/05/2024 3:29:13 PM PDT by DIRTYSECRET
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To: dennisw

If you want to see liberals deranged by Trump, check out the comments at the source/ What gaye mincing losers.

“Liberalism is a mental disorder” —— Michael Savage


4 posted on 07/05/2024 3:30:38 PM PDT by dennisw (Why is the rabbit unafraid? Because he's smarter than the panther.)
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To: dennisw

Prediction: Denied! That’s the only word those judges know how to rule against Trump!


5 posted on 07/05/2024 3:37:19 PM PDT by RoseofTexas
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To: RoseofTexas

Cannon has been a good judge.


6 posted on 07/05/2024 3:43:33 PM PDT by Fido969
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To: dennisw

IT should be delayed at least until Joe Biden is charged for the SAME THING.


7 posted on 07/05/2024 3:46:37 PM PDT by Gaffer
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To: dennisw
I'm still wondering if the government had any right to anything he took home...since it occurred while he was still President. My thoughts are that AS PRESIDENT, he had total control of every Classified Document that they "supposedly" found....(or planted).

Why and how did the governemnt even know he had Classified Documents...or can we "guess" that every Presidnet and 100s of employees also have/had Classified documents. We know Hillary did. We know Biden did. We know Oence did.

8 posted on 07/05/2024 3:49:39 PM PDT by Sacajaweau
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To: Sacajaweau

JACK SMITH ADMITTED THAT THE DOJ HAS SCRAMBLED CONTENTS OF BOXES.

CHAIN OF EVIDENCE IS BROKEN


9 posted on 07/05/2024 3:56:52 PM PDT by ridesthemiles (not giving up on TRUMP---EVER)
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To: dennisw

Based on the courts ruling the case should simply dismissed.

There is no case.


10 posted on 07/05/2024 4:13:36 PM PDT by CIB-173RDABN (I am not an expert in anything, and my opinion is just that, an opinion. I may be wrong.)
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To: dennisw
I think one of the SCOTUS rulings also addressed the inappropriate jury instructions in the criminal case. If I understood it correctly, SCOTUS ruled that a jury has to go charge by charge and determine precisely what crime was committed, and they must all agree on each charge and specification. That was the opposite of the jury instructions from the third-world judge in NYC. I have not heard if that is part of the challenge, as everyone is focused on immunity.
11 posted on 07/06/2024 7:54:43 AM PDT by OldGoatCPO (No Caitiff Choir of Angels will sing for me. )
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