Former President Donald Trump’s legal team wants to try a presidential immunity claim slapped down in one case as a defense in another, according to a new report and court records.
Trump’s attorneys Tuesday gave notice to Judge Aileen Cannon — the Florida federal judge overseeing his classified documents case — that they plan to file presidential immunity arguments, CNN was first to report.
“Although the defense is still evaluating potential motions,” write attorneys Todd Blanche and Chris Kise, “we expect to file motions on February 22 relating to, inter alia, presidential immunity.”
This announcement arrived the same day the D.C. Circuit Court of Appeals tossed Trump’s presidential immunity defense in special counsel Jack Smith’s election interference case, CNN notes.
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Trump has pleaded not guilty in both and has said he plans to appeal the D.C. ruling.
The Florida case has a May court date but back-and-forth between opposing sides could cause future delays.
This case pertains to more than a hundred classified documents FBI agents say they found scattered across Mar-a-Lago during a search in August 2022, about a year and a half after his presidential term had ended.
Investigators said they found government documents at various times had been stored in a ballroom, bathroom and shower, among other place.
Trump faces 37 criminal counts that include willful retention of national defense information, conspiracy to obstruct justice, corruptly concealing a document or record and concealing a document in a federal investigation.
