Trump classified documents case faces delays amid argument over ‘flawed legal premise’

Jack Smith says if judge decides Trump can cite federal records law in his defense to claim immunity he would appeal to higher court

In a court filing, the special counsel Jack Smith said the judge in Donald Trump’s criminal case over his retention of classified information, was relying on a “fundamentally flawed legal premise” when asking lawyers to consider whether the former president can claim immunity under federal records law.

Smith also said that if the judge, Aileen Cannon, ruled Trump can indeed cite the Presidential Records Act (PRA) in his defence, he would appeal to a higher court, seeking an order for her to apply the law correctly and, implicitly, her removal from the case.

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