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Judge in classified documents case will hear Trump motions to dismiss next week

7 March 2024
in USA
Judge in classified documents case will hear Trump motions to dismiss next week
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U.S. District Judge Aileen Cannon is scheduled to preside over arguments on two of Donald Trump’s motions to dismiss the classified documents case against him in Florida, as per a new order issued on Thursday.

During a hearing on March 14, both Trump’s legal team and prosecutors for the special counsel will present their arguments on whether some or all of the charges against Trump should be dismissed under the Presidential Records Act before the trial proceeds.

Additionally, the two sides will address a second motion seeking to dismiss the case based on the argument that the primary statute used against Trump is unconstitutionally vague when applied to presidents.

Trump has been pushing for the dismissal of the charges against him, which include accusations of retaining and mishandling classified government documents after leaving office, as well as resisting efforts by the government to retrieve them.

This image, included in a Department of Justice court filing from August 2022 and partly redacted by the FBI, displays documents seized during an FBI search of former President Donald Trump’s Mar-a-Lago estate in Florida on August 8.
AP file

The hearing is scheduled for 10 a.m. on March 14 in Fort Pierce, Florida.

Special counsel Jack Smith urged Judge Cannon to reject Trump’s claims that his presidential records can be considered as personal records once removed from the White House, as per court records.

In response to Trump’s arguments, Smith filed five briefs opposing the dismissal motions, including Trump’s claims of entitlement to retain personal records under the Presidential Records Act, immunity from prosecution for removing documents while in office, being selectively prosecuted, and the vagueness of the statute used in the charges against him.

Dismissing Trump’s claim for immunity based on presidential grounds, Smith called on Judge Cannon to deny the motion, warning of potential consequences if Trump’s immunity theory was accepted.

Smith highlighted Trump’s efforts to delay the case as “transparent and persistent,” warranting a finding of frivolousness.

Trump is facing multiple criminal charges in the indictment, including willful retention of national defense information, false statements and representations, conspiracy to obstruct justice, withholding a document or record, and corruptly concealing a document. He has pleaded not guilty to all charges.



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Tags: caseclassifieddismissdocumentshearJudgeinmotionsTrumpweek
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