Trump leans on presidential immunity ruling in new bid to toss Jack Smith

• Judge Aileen Cannon, a Florida-based Trump appointee, will have to determine how the Supreme Court's decision applies to the case.

What they're saying: Trump's lawyers leaned on Justice Clarence Thomas' concurrence questioning whether Smith's appointment was constitutional and appropriate.

• "Resolution of these threshold questions is necessary to minimize the adverse consequences to the institution of the presidency arising from this unconstitutional investigation and prosecution," Trump's request said.
• "If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people," Thomas had written.

Context: Smith brought the Jan. 6 and classified documents indictments against Trump.

State of play: On July 1, the Supreme Court ruled that Trump has "absolute immunity" for acts conducted within his defined role as president and "presumptive immunity" for other official acts.

• Trump's legal team has used presidential immunity as a defense in the classified documents case.

Catch up quick: Trump was indicted in June 2023 and charged with 37 felonies as part of a Justice Department probe into his handling of classified documents after leaving the White House.

• Cannon already indefinitely postponed the case's trial date, pending resolution of a number of pre-trial motions.

Between the lines: Cannon has faced scrutiny over perceptions that she's intentionally slow-walked the the case.

Go deeper: Behind the Curtain: Trump's imperial presidency in waiting