Former U.S. President Donald Trump on Thursday asked a federal judge to drop the charges against him that allege he illegally held sensitive U.S. national security documents upon departure from office while disputing the basis of the prosecution is legally faulty.

As for Trump, the presumptive nominee of the Republican Party, his legal team contested the appointment of Special Counsel Jack Smith. They argued that the case conflicts with another U.S. law on the use of presidential records, and they also maintained that the wording of the central charge of the case is too vague, as reported by Reuters.

Defense Claims Decision

Trump went further by insisting that he could not be charged with the accusation that he withheld national security documents because the allegations were from the decisions he made in the last weeks of his presidency.

Trump has pleaded not guilty to a 40-count indictment charged in Florida federal courts for illegally possessing classified documents at his Florida resort after leaving office in 2021 and obstructing U.S. government efforts to collect them.

Prosecutors who were working with Smith alleged that Trump had some documents at his Mar-a-Lago resort in Florida, which included information about the U.S. nuclear program and possible domestic vulnerabilities.

Trump attempted to put boxes with classified documents in secret places after he received a subpoena from a grand jury demanding to return them, according to the indictment.

Presidential Immunity Claims

Trump has asserted his presidential immunity claims in both the federal and state cases, alleging him of illegally trying to steal the 2020 presidential election result.

The U.S. appeals court in Washington, D.C., agreed with the election case plaintiffs this month and has appealed the ruling to the U.S. Supreme Court, as reported by Reuters.

Ongoing Appeals and Potential Delays

The prosecutors in the classified documents case characterized Trump’s immunity claim as “frivolous” in a previous court document, emphasizing the conduct charged in the indictment post-Trump’s White House tenure.

And then, as with the federal election’s case, if Trump is granted to immediate appeal a claim of no immunity, the documents case may be delayed as it happened with that one already.

Trump was charged jointly with his personal assistant, WALT Nauta, and the estate manager at Mar-A-Lago (Carlo de Oliveira). Both reported “not guilty.”

Oliveria rejected the charges against him on Tuesday, May 25. The court was expected to entertain a motion in a manner similar to that made by Nauta.

Trial Scheduled and Defense Strategy

A trial is scheduled for May, but Trump has requested a postponement. U.S. District Court Judge Aileen Cannon has scheduled the March 1 trial-setting hearing.

Trump’s lawyers announced that they would seek or have already sought the dismissal of the case before the deadline, citing Trump as a selective target of the prosecutors and allegations of prosecutorial misconduct, as reported by Reuters.

The court filings have not been made public yet during the Cannon’s determination on redaction of some information.

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