We filed a major amicus brief to support former President Trump’s motion to dismiss the indictment in the case brought by Special Counsel Jack Smith related to the FBI’s raid of President Trump’s Mar-a-Lago home.
Our novel legal brief demonstrates how the National Archives & Records Administration (NARA) decisions were not in accordance with the law and in excess of its statutory authority. The court recognized the importance of our argument and will now consider it in President Trump's case.
Here is why the case against Donald Trump should be dismissed:
- First, The National Archives lacked the legal authority to make a criminal referral to the Department of Justice…
- Second, NARA is bound to defer to the former President’s rights and privileges yet they ignored them…
- Third, NARA must be insulated from White House influence, yet the Biden White House directly shaped how the Archivist acted in response to former President Trump…
Gene Hamilton
Executive Director, VP & General Counsel, America First Legal
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