'Good luck with that!': Trump plans to argue presidential immunity in docs case after loss

Donald Trump's criminal legal team on Tuesday evening signaled he will argue presidential immunity in his criminal trial in Florida, where the ex-president stands accused of inappropriately holding onto confidential and classified documents from his time in office. Earlier in the day, an appeals court shot that same argument down in another case.

Trump had hoped to avoid prosecution in the D.C. case, where he was indicted for purportedly attempting to subvert the 2020 election, by arguing that he was immune based on being the president at the time of the alleged misconduct, including January 6. After an appeals court rejected that argument, Trump's legal team included it on a filing in court for the docs case in Mar-a-Lago.

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The filing was flagged by national security lawyer Bradley Moss.

"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," Moss wrote on Tuesday. "He intends to claim President immunity (good luck with that) and argue he is protected by the Presidential Records Act."

The court filing itself is a motion for "adequate time to file certain motions." Trump lawyers said they "respectfully request permission to file suppression motions and motions relating to evidence sought in the pending motions to compel within one month of the court's resolution of the pending motions."

The filing further states that the defense intends to file motions relating to "presidential immunity, the Presidential Records Act," as well as security clearances, the vagueness doctrine, and selective and vindictive prosecution.