A U.S. federal judge on Thursday rejected one bid by Donald Trump to throw out out his classified documents criminal case, and appeared skeptical during hours of arguments of a separate effort to scuttle the prosecution ahead of trial.
U.S. District Judge Aileen Cannon issued a two-page order saying that though the Trump team had raised 鈥渧arious arguments warranting serious consideration,鈥 a dismissal of charges was not merited. The case involves boxes of records, some highly classified, that Trump took to his Mar-a-Lago estate when he left the White House.
Cannon, who was appointed to the bench by the former president, had made clear during more than three-and-a-half hours of arguments that she was reluctant to dismiss one of the four criminal cases against the 2024 presumptive Republican presidential nominee. She said at one point that a dismissal of the indictment would be 鈥渄ifficult to see鈥 and that it would be 鈥渜uite an extraordinary鈥 step to strike down an Espionage Act statute that underpins the bulk of the felony counts against Trump but that his lawyers contend is unconstitutionally vague.
The ruling from Cannon is a modest win for special counsel Jack Smith's team, which in addition to the classified documents case is pursuing a separate prosecution of Trump on charges that he plotted to overturn the results of the 2020 presidential election.
But it left unanswered questions over when the case might proceed to trial and only covered one of the two motions argued in court on Thursday. A separate motion about whether Trump was permitted under the Presidential Records Act to retain the documents after he left the White House remains pending, but the judge also seemed disinclined to throw out the case on those grounds.
鈥淚t鈥檚 difficult to see how this gets you to the dismissal of an indictment,鈥 she told a Trump lawyer.
Trump attended Thursday's arguments, listening intently with his hands sometimes clasped in front of him on the defence table as his attorneys pressed Cannon to throw out the case.
The hearing was the second this month in the case in Florida, which has unfolded slowly in the courts since prosecutors first brought charges last June. Cannon heard arguments on March 1 on when to schedule a trial date, but has yet to announce one and gave no indication Thursday on when she might do so. Prosecutors have pressed the judge to set a date for this summer. Trump鈥檚 lawyers are hoping to put it off until after the election.
After the hearing, Trump on his Truth Social platform took note of the 鈥渂ig crowds鈥 outside the courthouse, which included supporters with flags and signs who honked their car horns in solidarity with the ex-president. He again said the prosecution is a 鈥渨itch hunt鈥 inspired by President Joe Biden.
Some of Thursday鈥檚 arguments centered on the 1978 statute known as the Presidential Records Act. The law requires presidential documents to be turned over to the National Archives and Records Administration, though former presidents may retain notes and papers created for purely personal reasons.
This image shows boxes of records stored in a bathroom and shower in the Lake Room at Trump's Mar-a-Lago estate in Palm Beach, Fla. (Justice Department via AP)
His lawyers say the act entitled him to designate as personal property the records he took with him to Mar-a-Lago in Florida and that he was free to do with the documents as he pleased.
鈥淗e had original classification authority,鈥 said defence lawyer Todd Blanche. 鈥淗e had the authority to do whatever he thought was appropriate with his records.鈥
Prosecutors countered that those records were clearly presidential, not personal, and included top-secret information and documents related to nuclear programs and the military capabilities of the U.S. and foreign countries. They say the presidential records statute was never meant to permit presidents to retain classified and top-secret documents, like those kept at Mar-a-Lago.
鈥淭he documents charged in the indictment are not personal records, period. They are not,鈥 Harbach said. 鈥淭hey are nowhere close to it under the definition of the Presidential Records Act.鈥
Trump鈥檚 lawyers separately challenged as overly vague a statute that makes it a crime to have unauthorized retention of national defence information, a charge that forms the basis of 32 of the 40 felony counts against Trump in the case.
Defence lawyer Emil Bove said ambiguity in the statute permits what he called 鈥渟elective鈥 enforcement by the Justice Department, leading to Trump being charged but enabling others to avoid prosecution. Bove suggested a recent report by special counsel Robert Hur that criticized President Joe Biden鈥檚 handling of classified information did not recommend charges proved his point about the lack of clarity.
When a law is unclear, Bove told Cannon, 鈥淭he court鈥檚 obligation is to strike the statute and say 鈥楥ongress, get it right.鈥欌
Jay Bratt, another prosecutor with Smith鈥檚 team, disputed that there was anything unclear about the law, and Cannon pointedly noted that striking down a statute would be 鈥渜uite an extraordinary step.鈥
In her subsequent ruling rejecting the defence request, she cited 鈥渟till-fluctuating definitions of statutory terms/phrases鈥 along with 鈥渄isputed factual issues" that could be decided by a jury.
Trump is accused of intentionally holding onto some of the nation鈥檚 most sensitive documents at Mar-a-Lago 鈥 only returning a fraction of them upon demand by the National Archives. Prosecutors say he urged his lawyer to hide records and to lie to the FBI by saying he no longer was in possession of them and enlisted staff to delete surveillance footage that would show boxes of documents being moved around the property.
Cannon has suggested in the past that she sees Trump鈥檚 status as a former president as distinguishing him from others who have held onto classified records.
A car belonging to a supporters of former President Donald Trump is shown near the federal court in Fort Pierce, Fla. (Wilfredo Lee/AP Photo)
After the Trump team sued the Justice Department in 2022 to get his records back, Cannon appointed a special master to conduct an independent review of the documents taken during the FBI鈥檚 Mar-a-Lago search. That appointment was later overturned by a federal appeals court.
On Thursday, she wrestled with the unprecedented nature of the case, noted that no former president had ever faced criminal jeopardy for mishandling classified information.
But, Bratt responded, 鈥渢here was never a situation remotely similar to this one.鈥
Trump is separately charged in a federal case in Washington with conspiring to overturn the results of the 2020 presidential election. Trump has argued in both federal cases that presidential immunity protects him from prosecution, though Cannon has not agreed to hear arguments on that claim in the documents case.
The U.S Supreme Court is scheduled to hear arguments on Trump鈥檚 immunity claim in the election interference case next month.
Richer reported from Boston
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