A federal judge has rejected former President Donald Trump’s bid to dismiss his classified documents case under the Presidential Records Act.
As part of their four motions to dismiss, Trump’s attorneys contended that Trump, even after leaving office, should have had custody of the documents in question under the Presidential Records Act.
In a recent ruling, Judge Aileen Cannon rejected yet another motion filed by Trump, in which he sought to have the case dismissed on the grounds of unconstitutional vagueness.
Former President also sought dismissal based on presidential immunity and argued that Jack Smith’s appointment as special counsel was unlawful.
Judge Cannon criticized the special counsel for filing his request to reverse course on proposed jury instructions late on Tuesday, in her order on Thursday.
In Tuesday’s filing, Smith strongly urged Cannon to reconsider the notion that Trump possessed any personal ownership over the classified materials he has been accused of unlawfully obtaining.
In response to Smith’s demand, Judge Cannon firmly rejected the notion that she should disclose her stance on whether the Presidential Records Act will be considered in jury instructions. She expressed her view that such a request is both unprecedented and unfair.
In his statement, Cannon emphasized that the Court’s Order requesting preliminary draft instructions on specific counts should not be misinterpreted as a definitive definition on any crucial element or claimed defense in this case. He clarified that the purpose of this order was to gain a deeper understanding of the parties’ differing viewpoints and the jury’s potential questions in this unique and intricate case. It was a sincere effort to facilitate the upcoming trial proceedings effectively.
The judge dismissed Smith’s suggestion that he could seek intervention from the 11th Circuit Court of Appeals to order her to clarify her position. The judge emphasized that any party is free to exercise their appellate options as permitted by law.
In June of last year, Trump entered a plea of not guilty to 37 criminal counts associated with his handling of classified materials. Prosecutors alleged that he had consistently refused to return hundreds of documents containing classified information, including sensitive details about U.S. nuclear secrets and national defense capabilities. Additionally, they claimed that he had taken deliberate actions to impede the government’s attempts to retrieve the documents.
Trump has vehemently denied all charges and has strongly denounced the probe as nothing more than a political witch hunt.
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