'Insultingly stupid': Trump’s move to toss out classified docs case torn apart by experts

23 February 2024

Lawyers for Donald Trump late Thursday night launched a multi-pronged effort to toss out of court Special Counsel Jack Smith’s prosecution of the ex-president in the classified documents case, which includes charges under the Espionage Act. Many legal experts were stunned, not only by the move, but by the shallowness of the arguments.

The motions will be decided by U.S. District Judge Aileen Cannon, appointed by then-President Donald Trump during his last year in office.

“Mr. Trump’s lawyers made a barrage of legal arguments in seeking to circumvent a criminal case that many legal experts consider the most ironclad of the four against him,” The New York Times reported just past midnight, observing that some of the claims presented by attorneys for the indicted ex-president “tested the bounds of credulity or clashed with prior court rulings.”

“They attacked the law he is accused of violating, questioned the legality of the special counsel prosecuting him and argued that he is shielded from prosecution by presidential immunity,” the Times reported, adding that many of the arguments “appeared designed to delay the case from moving toward trial, a strategy that Mr. Trump has pursued in all of the criminal proceedings he is facing.”

Politico late Friday morning added the seven different motions filed were “a grab bag of arguments that the charges are legally faulty, that prosecutors have targeted him for political reasons and that the special counsel spearheading the case had no legal authority to bring it.”

Nearly two weeks ago Trump, citing his claim of “presidential immunity,” asked the U.S. Supreme Court to delay proceedings in Special Counsel Smith’s other court case against him, the election interference trial. The Court agreed to take up the case but has not released its decision.

Now, citing the same or similar arguments, Trump is plowing forward.

“Trump claims that he designated the classified materials ‘personal’ and he took his ‘personal records’ to Mar-a-Lago with him,” MSNBC legal contributor Katie Phang reported Thursday night.

Phang points to this section, the opening of Trump’s motion:

“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,” it reads. “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 is subject to presidential immunity.”

After the FBI executed a legal search warrant of Trump’s Mar-a-Lago residence and resort in 2022, agents retrieved “11 sets of classified documents, including some marked as top secret and meant to be only available in special government facilities,” The Wall Street Journal reported at the time.

The federal government, in total, has recovered from Trump “more than 300 classified documents” with classified markings, totaling over 700 pages, The New York Times reported in August of 2022.

“Material about nuclear weapons is especially sensitive and usually restricted to a small number of government officials, experts said,” The Washington Post also reported at the time. “Publicizing details about U.S. weapons could provide an intelligence road map to adversaries seeking to build ways of countering those systems. And other countries might view exposing their nuclear secrets as a threat, experts said.”

Back in October, NBC News reported, Trump “allegedly shared sensitive information about U.S. nuclear submarines with an Australian billionaire who is a member of his Mar-a-Lago club.”

Meanwhile, legal experts were stunned by Trump’s attorneys’ overnight motion to toss the case.

“This motion is insultingly stupid,” wrote national security attorney Brad Moss. “Trump is arguing he designated all these highly classified records as PERSONAL records, and that he therefore had the right to keep them. Even if that was a plausible argument, this is a motion to dismiss: he can’t introduce news facts.”

Former U.S. Ambassador and former Obama “Ethics Czar” Norm Eisen, an attorney and CNN legal analyst, Thursday night wrote, “I just finished reading Trump’s absolute immunity motion in the MAL [Mar-a-Lago] docs case.”

“If this were allowed, POTUS could declassify all of our most sensitive secrets when leaving office & sell them to Putin 5 minutes later,” he noted, adding: “As bad as Seal Team 6 hypo[thesis] in 1/6 case.”

In a more in-depth examination, Moss explained, “If Trump’s immunity arguments in the DC and FL cases actually succeed, Joe Biden can do the following: 1) declare Trump a threat to election integrity and have him imprisoned immediately, at a minimum, 2) declare the entire Trump Org a threat to national security and seize all of its assets.”

He continues: “3) cancel the election, 4) if, by some chance, he is forced out of office, he can walk out of the White House with 15 moving vans full of every classified secret he wants and sell them to the highest bidder. And no one could do anything to prosecute him for any of it. He can pardon anyone he wants while in office and who helped him commit any illegal act he could think of to do #1-#3, and he can then claim immunity for himself if he is later indicted.”

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