Believing that he has ‘presidential immunity’ that prevents him from any forms of prosecution while in or out of office, TFG’s ‘stellar’ legal team filed numerous motions to dismiss Mar A Lago classified documents indictment. Even though the D.C. Circuit ruled that TFG does not have presidential immunity; TFG disagrees. We’re now waiting to hear if SCOTUS will grant cert or if they will allow this ruling to stand.
In his first motion, TFG claims:
"President Donald J. Trump respectfully submits this motion seeking dismissal of Counts 1 through 32 on the basis of presidential immunity, as these charges stem directly from official acts by President Trump while in office. Specifically, President Trump is immune from prosecution on Counts 1 through 32 because the charges turn on his alleged decision to designate records as personal under the Presidential Records Act (“PRA”) and to cause the records to be moved from the White House to Mar-a-Lago. As alleged in the Superseding Indictment, President Trump made this decision while he was still in office. The alleged decision was an official act, and as such issubject to presidential immunity."
The possibly unpaid legal team went further and filed another motion that “consists of a grab-bag of arguments, namely that Special Counsel Jack Smith was improperly appointed, and therefore, because of the alleged unlawful appointment, the indictment should be dismissed. The motion cites the Appointments Clause and the Appropriations Clause to put forth the argument that the Special Counsel has largely been improperly funded.”
President Donald J. Trump respectfully submits this motion to dismiss the Superseding Indictment based on the unlawful appointment of Special Counsel Jack Smith, in violation of the Appointments Clause and the Appropriations Clause.1 DISCUSSIONI. The Creation Of The Special Counsel Office Violated The Appointments Clause: The Appointments Clause does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power ofthe United States. As such, Jack Smith lacks the authority to prosecute this action. “[T]hat is a serious problem for the rule of law—whatever one may think of former President Trump or the conduct Smith challenges in the underlying case.” This is an issue of first impression in the Eleventh Circuit, and it requires that the Superseding Indictment be dismissed.
Just like the verbal diarrhea he posts on his ‘Truth’ Social Shithole, TFG continued with another motion that “argues that the indictment should be dismissed based on the Presidential Records Act. This argument is more technical and states that Donald Trump’s Presidential Record Act determinations are not reviewable and that the indictment was improperly brought.”
President Donald J. Trump respectfully submits this motion to dismiss the Superseding Indictment pursuant to the Presidential Records Act (“PRA”). First, the PRA conferre unreviewable discretion on President Trump to designate the records at issue as personal. As such, President Trump’s possession of those records was not “unauthorized” as alleged in Counts 1 through 32. Second, the PRA’s exclusive remedy for records collection efforts by NARA is civil in nature and forecloses criminal investigations. Therefore, as with Counts 1 through 32, the remaining Counts charging President Trump in the Superseding Indictment fail to state a claim under Rule 12(b)(3)(v) of the Federal Rules of Criminal Procedure. Accordingly, pursuant to thePRA, the Superseding Indictment must be dismissed.
