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Former President Donald Trump is once again claiming presidential immunity in an attempt to dismiss a lawsuit over his alleged handling of classified documents in Florida. The lawsuit argues that Trump violated the Presidential Records Act, which requires presidents and their staff to preserve all records made during their tenure. Presidential immunity is often claimed as protection against criminal or civil legal action taken in response to actions performed during presidential term.
The Department of Justice recently informed Trump that he wasn’t asserting executive privilege correctly over White House records sought by the January 6th committee investigating the Capitol riot. The DOJ stated that only sitting presidents could assert such a privilege.
Supreme Court precedents have made it clear that a president’s immunity is not absolute, particularly after they’ve left office. It remains to be seen how the courts will rule in this case. As always, I can continue to provide continuing updates on this situation if required.