A federal judge declined to grant former President Donald Trump’s request to dismiss charges in the classified documents case. Trump argued that he had the authority to take classified or sensitive documents with him after leaving the White House.
US District Judge Aileen Cannon’s decision on Thursday keeps open the possibility for Trump to defend himself at trial using the argument that he was authorized to keep the documents under the Presidential Records Act or raise it in other pre-trial proceedings.
While Cannon didn’t delve into her stance on Trump’s claims regarding the PRA, she stated that Trump’s attorneys failed to meet the legal standard for dismissing charges. She noted that prosecutors did not mention the Presidential Records Act in the indictment against Trump and did not “rely” on the statute to bring charges.
The judge also opposed special counsel Jack Smith’s request for a final ruling on whether the theory could be used at trial, aiming for possible appeal to the 11th Circuit. She deemed this request “unprecedented and unjust.”
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Smith made the request after Cannon instructed both parties to submit hypothetical jury instructions considering Trump’s claims of broad record-retention authority. Cannon defended this action in Thursday’s order, clarifying that it was merely an attempt to understand the parties’ differing positions and the questions for the upcoming trial in this complex case.
The post-Watergate Presidential Records Act (PRA) governs record handling after an administration ends, including the transfer of presidential records to the National Archives. Trump asserts that under the law, he had the ultimate authority to determine which documents are his personal records to retain.
During a recent hearing, Cannon expressed skepticism about Trump’s claim of unlimited power under the PRA. She acknowledged Trump’s lawyers’ strong arguments about the law’s scope potentially swaying a jury, but deemed their arguments premature at this stage.
Prosecutors argue that the PRA is irrelevant to the charges. Several motions, including multiple requests to dismiss the case, are still pending for Cannon to address.
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