- Trump's lawyers are seeking to dismiss the Florida classified documents lawsuit.
- They argue he should not be prosecuted because of presidential privilege.
- The last time President Trump tried to use executive privilege as a shield, an appeals court ruled against him.
Lawyers for former President Donald Trump are seeking to have the Mar-a-Lago classified documents case dismissed.
Trump's lawyers filed multiple motions Thursday to dismiss the lawsuit, including one centered on arguing that Trump should be granted presidential immunity.
The motion acknowledges a Feb. 6 ruling by the Washington, D.C., Court of Appeals.
In that case, the court ruled that Trump is not immune from prosecution on charges related to efforts to overturn the 2020 election. But Trump's lawyers asked the Supreme Court to suspend the appeals court's ruling.
Now, in the Mar-a-Lago case, President Trump's lawyers are arguing that the D.C. Court of Appeals “erred in finding that President Trump was not entitled to presidential immunity.''
“This court should not abide by the non-binding and ill-founded decision of the D.C. Circuit,” the motion reads.
Trump's lawyers also argue that the case should be dismissed based on claims that special counsel Jack Smith was illegally appointed.
Trump was indicted in June on charges that he smuggled classified documents from the White House to his Florida home after leaving office. This is in addition to three other charges he faces.
President Trump has frequently argued that he should not be prosecuted under the banner of presidential immunity.
In a January post on Truth Social, Trump said the president has “complete immunity” because “any mistake, even intentional, will almost certainly be prosecuted by the opposition at the end of his term.” said it was necessary.
“There needs to be complete impunity for even 'crossing the line' events. Otherwise we will have years of trauma to decide between right and wrong,” he wrote in the post. I wrote it inside.
Representatives for Mr. Trump did not immediately respond to a request for comment from Business Insider outside of normal business hours.
