Former President Donald Trump’s legal team has launched a series of motions to dismiss the federal indictment against him in a case related to the mishandling of classified documents.
The indictment, filed in the Southern District of Florida, accuses Trump of unlawfully retaining national defense information and impeding a federal probe into his handling of the material.
In their filings, Trump’s attorneys raised several arguments, including challenges to the appointment of Special Counsel Jack Smith and claims of legal principles like presidential immunity that shield Trump from criminal prosecution in this case.
Trump (Credits: CBS News)
They argued that as president, Trump had “unreviewable discretion” over classified records and could designate any official government document as a personal record under the Presidential Records Act.
Trump’s legal team also contended that much of the conduct described in the indictment occurred while he was still president, characterizing them as official acts protected by presidential immunity. They argued that the threat of future prosecution could distort presidential decision-making.
Additionally, Trump’s attorneys challenged the validity of Smith’s appointment as special counsel, arguing that neither the Constitution nor Congress created the office of the “Special Counsel,” and that Smith’s funding and authority were “invalid.”
The case is set for trial at the end of May, and the parties are scheduled to meet to discuss potential details for future proceedings.
Defense attorneys, prosecutors, and Trump himself have met with the judge to discuss the use of classified evidence at trial, but disputes remain ongoing. It remains to be seen how the court will rule on these motions and whether the case will proceed to trial.
It’s not yet known whether District Attorney Fani Willis and special prosecutor Nathan Wade will be removed from Fulton County’s 2020 Georgia election interference case involving former President Donald Trump, but one issue that came up during Willis’ recent testimony — her predilection for using cash — rang true for one winery employee in California who says he met Willis and Wade last year.
Trump co-defendant Michael Roman, in a motion to disqualify Willis and her office from the case, alleges Willis improperly financially benefited from a romantic relationship with Wade, an accusation that sparked a fiery hearing late last week.
Willis testified that while the pair went on several luxury trips, she always reimbursed Wade for her share in cash. The issue, critics say, is that Wade has been paid over $650,000 in the position that he was appointed to by Willis.
Defense attorneys are trying to show Willis, who has acknowledged that a romantic relationship with Wade that began after she hired him in November 2021 and ended last summer, benefited from hiring Wade because he took her on several trips.
The two have sought to refute the allegation by testifying that she paid her own way or reimbursed Wade. “I don’t need anything from a man — a man is not a plan. A man is a companion. And so there was tension always in our relationship, which is why I would give him his money back,” Willis testified.
Defense attorneys expressed skepticism about the cash reimbursements and asked Wade if he had any proof that Willis repaid him in cash. He said he did not.
But a man named Stan Brody says he’s seen evidence of Willis’ preference for paying in cash. He says he hosted Willis and Wade in early 2023 at the Napa Valley winery Acumen Wines. Brody recalled that the pair spent hours tasting wine, and when it came time to pay, Willis used cash.
“It’s not the norm,” he said. “The bill was a little over $400 with the taxes and everything else on it. So she probably gave me $500.” While paying such a large bill in cash is not the norm at the winery, Brody said it wasn’t shocking, either.
But he did say that “ninety-plus percent of the time it’s going to be a credit card, especially when you get up, you know, to several hundred dollars,” he said.
During the hearing last week, Willis testified that she keeps cash on hand because of advice from her father to have at least six months’ worth at a time. “I always have cash at the house,” she said.
Brody said when he met the pair, he had no idea who Wade or Willis were, since the trip occurred before a Fulton County grand jury had indicted Trump and 18 associates. He recalled that during the private wine tasting session with the pair, he inquired about their work and said both told him they were attorneys working in criminal law.
Once the indictment was issued in late August, Brody said he realized that it was indeed Willis who had come to the winery earlier that year. The push to remove Wade and Willis from the Fulton County case continues after two days of heated testimony late last week.
The judge presiding over the matter has not yet scheduled a follow-up hearing to discuss more arguments from both sides in the matter. Once arguments conclude, a ruling is expected on whether or not Willis, Wade or both will be removed from the case.
