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Trump’s lawyers look to get charges tossed in the Mar-a-Lago classified documents case

Trump’s defense team and prosecutors from special counsel Jack Smith’s office have until Feb. 22 to file pretrial motions in the case, which is scheduled to go to trial in May.
This image, contained in the indictment against former President Donald Trump, shows boxes of records stored in a bathroom and shower in the Lake Room at Trump's Mar-a-Lago estate in Palm Beach, Fla. Trump is facing 37 felony charges related to the mishandling of classified documents according to an indictment unsealed Friday, June 9, 2023.
Boxes of records stored in a bathroom and shower at former President Donald Trump's Mar-a-Lago estate in Palm Beach, Fla., in an image in the indictment against Trump.Justice Dept. via AP

WASHINGTON — Lawyers for former President Donald Trump said in a filing Tuesday night that they plan to file multiple motions to dismiss the criminal charges against him in the Mar-a-Lago classified documents case.

“Defendants currently plan to file on February 22, at minimum, a series of motions to dismiss the Superseding Indictment and certain of the charges therein,” Todd Blanche and Christopher Kise wrote in the newly filed motion, which seeks to extend certain deadlines in the case. The superseding indictment alleges Trump was involved in a scheme to delete security video at Mar-a-Lago, his estate in Palm Beach, Florida.

Trump's legal team added that the defense is "still evaluating potential motions" and that they could relate to presidential immunity, the Presidential Records Act, Trump's security clearances and "selective and vindictive prosecution," among other issues.

Trump’s defense team and prosecutors from special counsel Jack Smith's office have until Feb. 22 to file pretrial motions.

Trump’s lawyers argue in Wednesday’s filing that they should be allowed to file additional motions beyond the deadline based on any additional evidence they receive from the prosecution.

Trump’s team has filed several motions with U.S. District Judge Aileen Cannon, who's overseeing the case in Florida, seeking orders to compel evidence it claims is in the government’s possession.

Trump's lawyers have asked that they be allowed one month to file additional substantive motions after Cannon rules on Trump’s requests. The special counsel's office has indicated that prosecutors oppose such a request.

The special counsel's office didn't immediately respond to a request for comment.

The case has been scheduled to go to trial in May, but the date could be pushed back. A scheduling conference is set for March 1, during which Cannon could postpone it.

Trump faces a number of criminal charges in the case, including willful retention of national defense information, false statements and representations, conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document, concealing a document in a federal investigation and a scheme to conceal.