Trump moves to dismiss his classified documents indictment, citing presidential immunity

Former President Donald Trump on Thursday urged a federal judge to dismiss his classified documents case in Florida on the basis of presidential immunity, according to a court filing reviewed by NBC News.

"President Trump’s alleged decision to designate records as personal under the PRA and cause them to be removed from the White House—which underlies Counts 1 through 32 of the Superseding Indictment—was an official act by the incumbent president," the former president's attorneys wrote in court papers filed in federal court in West Palm Beach, Florida.

They argued that because the decision was an official act made while Trump was still in office, it is subject to presidential immunity.

A spokesperson for Special Counsel Jack Smith’s office did not immediately respond to NBC News' request for comment on Thursday night.

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