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Trump Challenge Of Special Counsel's Authority A 'Moonshot'

Phillip Bantz
July 11, 2023

Marc Scholl was quoted in Law360 on Donald Trump's intention to challenge a special counsel's authority to bring federal criminal charges against the former president and his aide over the alleged mishandling of classified documents.

"Not surprisingly, Trump's filing mentions no particular support to any challenge other than Trump wants to make a challenge," Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC said.

Trump and Nauta also anticipate challenging the classification of certain documents in the federal criminal case, according to Kise's filing with the court. That argument appeared to be more legal spitballing in pursuit of delay, according to Scholl.

"An argument that the government over-classifies material is an argument for jury nullification," Scholl said. "It is not an argument that one can ignore the law because of a disagreement over whether documents should have had a particular classification level."

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