Donald Trump Dealt a Blow in Classified Documents Case

The judge overseeing Donald Trump’s classified documents case in Florida denied one of the former president’s motions to have his federal charges dismissed.

Judge Aileen Cannon, a Trump appointee, said in a two-page order on Thursday that the questions at the heart of the case are best decided in “connection with jury-instruction briefing.”

Trump’s defense team had argued that the first 32 counts of the indictment against Trump should be dismissed because the statute on which it is based, the Espionage Act, is too vague to be applied.

Prosecutors accuse Trump of mishandling classified materials and obstructing officials’ efforts to obtain the documents after leaving the White House. The former president has pleaded not guilty to all charges in the indictment.

The Context

Trump faces 40 felony counts in the indictment brought by Special Counsel Jack Smith, who charges that Trump repeatedly enlisted the help of his aides and lawyers in hiding the classified records from investigators who were attempting to retrieve them from his Mar-a-Lago estate.

Two of Trump’s employees are also listed as co-defendants in the indictment. Walt Nauta, a valet for the former president, and Carlos De Oliveira, property manager for Mar-a-Lago, were charged with scheming to conceal surveillance footage from investigators.

Nauta and De Oliveira have also pleaded not guilty.

What We Know

Cannon heard arguments from Trump’s attorneys earlier in the day Thursday on two of the nine motions the defense team has filed to dismiss the case. During the morning session, the judge told Trump’s attorneys that it would be an “extraordinary step” for her to throw out the case over arguments that the statute in question was “unconstitutionally vague.”

The other motion discussed in court argued that Trump was cleared of wrongdoing under the Presidential Records Act, which requires that all presidential documents be sent to the National Archives and Records Administration (NARA) once a commander in chief leaves office. Trump’s team argued that he designated the documents at the center of his indictment as personal property, so he cannot be charged for possessing them.

Cannon also appeared skeptical of that argument, however, stating that Trump’s motion would “gut” the Presidential Records Act if granted. Cannon has not issued a ruling on the second motion.

Views

Federal prosecutor David Harbach argued in court Thursday that the information contained in documents attached to Trump’s indictment were “nowhere near personal,” pushing back on the former president’s dismissal motion that focused on the Presidential Records Act.

According to CNN’s report, Harbach told Cannon it would be “absurd” if NARA was not able to seek help from the Justice Department after finding a “boatload” of classified documents that were being held by Trump at Mar-a-Lago.

Trump has also argued that he is shielded from facing charges under presidential immunity, a claim that he has also made in his other criminal cases, but the argument has yet to hold up in court. The U.S. Supreme Court is set to weigh in on whether Trump is clear of charges in his federal election interference case under immunity claims.

Newsweek reached out to Trump’s press team via email Thursday evening for comment.

What’s Next?

Cannon has scheduled the classified documents trial for a May 20 beginning, but it is expected to be delayed until the summer or later.