A federal judge overseeing the Trump classified document case has allowed third-party legal groups to submit briefs that may benefit Donald Trump in his classified documents case.
U.S. District Judge Aileen Cannon issued a paperless order that permits former Trump adviser Stephen Miller’s America First Legal Foundation and former Republican Attorney General Edwin Meese to file a brief.
“The Court has reviewed the motions and finds that the proposed amici bring to the Court’s attention relevant matter that may be of considerable help to the Court in resolving the cited pretrial motions,” the order states. “The amicus briefs are accepted for Court consideration.”
One brief claimed that a National Archives and Records Administration (NARA) referral made to the Justice Department to indict President Trump violated federal law. If not addressed, the referral would “dangerously expand the ability of an incumbent President to harass a former President by seizing documents based on the request of any agency for nearly any reason,” America First argued, according to The Epoch Times.
Another brief claimed that Special Counsel Jack Smith lacked the authority to prosecute Trump because of an improper appointment.
“Jack Smith does not have authority to prosecute this case. Those actions can be taken only by persons properly appointed as federal officers to properly created federal offices,” the brief states. “But neither Smith nor the position of Special Counsel under which he purportedly acts meets those criteria. He wields tremendous power, answerable to no one. That appointment was unlawful, as are all the legal actions that have flowed from it, including Smith’s prosecution of President Trump.”
Trump’s lawyers have maintained that the classified documents case should be dismissed due to Trump’s presidential immunity.
“President Trump exercised virtually unreviewable Article II executive authority to designate the records as personal when, as alleged in the Superseding Indictment, he ‘caused’ the materials to be transported out of the White House while he was still in office,” his lawyers wrote last month. “The alleged decision was an official act, and as such is subject to presidential immunity.”
