Trump requests delay in Florida classified documents case after immunity ruling

Special counsel Jack Smith's team has argued that the document transfer happened after Trump’s term ended, and so he does not enjoy any immunity protections and had no power to declassify the documents.

Published: July 5, 2024 3:38pm

Updated: July 5, 2024 3:56pm

Former President Donald Trump's legal team on Friday requested a months-long delay in his classified documents case in Florida, citing the Supreme Court's recent ruling regarding presidential immunity. 

The Supreme Court ruled on Monday that presidents have presidential immunity for some "official acts," but not for unofficial ones. However, the high court did not specifically state what constitutes official versus unofficial acts.

Trump's team told U.S. District Court Judge Aileen Cannon that his decision to remove the classified documents out of the Oval Office and into his Mar-a-Lago resort should constitute an "official act," according to Politico.  But special counsel Jack Smith's team has argued that the document transfer happened after Trump’s term ended, and so he does not enjoy any immunity protections and had no power to declassify the documents.

The former president's legal team also asked for a chance to argue the presidential immunity claim to her in or before September and that the case be delayed until then. Cannon previously declined to rule on Trump’s immunity claim until after the Supreme Court came to its decision on the matter.

Trump has been charged with 40 felony counts related to alleged mishandling of classified materials, including the willful retention of national defense information and obstruction.

The Supreme Court ruling has already delayed Trump's sentencing in his hush money case. The former president was expected to be sentenced on July 11, but Judge Juan Merchan approved a request to delay the sentencing until September while the defense team argues his actions were protected under "presidential immunity."

The request would delay the Florida case until the question of whether his actions are protected is resolved. 

Misty Severi is an evening news reporter for Just the News. You can follow her on X for more coverage.

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