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Judge denies Trump’s motion to dismiss classified docs case

  • Trump charged with having top-secret documents at Mar-a-Lago estate
  • Attorneys argue Trump entitled to records under Presidential Records Act
  • Special counsel: Statute doesn't apply to presidential records Trump had

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FORT PIERCE, Fla. (NewsNation) — A federal judge Thursday denied one of Donald Trump’s motions to throw out charges in his classified documents prosecution.

Trump’s attorneys asserted the former president’s actions were carried out within the scope of his presidential duties. Prior to the ruling, federal Judge Aileen Cannon pressed the jury on why she should drop the case and not have it go to a jury trial.

NewsNation confirmed Trump was in attendance at the hearing in a Florida federal courtroom. No phones or laptops were allowed inside, but the Associated Press reports Trump sat at the defense table at the federal court in Fort Pierce with his hands clasped, listening intently to the arguments. 

Trump’s legal team urged Cannon to dismiss the classified document charges against him. The dispute centers on the teams’ interpretation of the Presidential Records Act, which they say gave him the authority to designate the documents as personal and maintain possession of them after his presidency.

Special counsel Jack Smith, by contrast, argued the files Trump is charged with possessing are presidential records, not personal ones, and that the statute does not apply to classified and top-secret documents like the ones found at his Mar-a-Lago estate in Florida. Smith was in the courtroom Thursday.

The Presidential Records Act “does not exempt Trump from the criminal law, entitle him to unilaterally declare highly classified presidential records to be personal records, or shield him from criminal investigations — let alone allow him to obstruct a federal investigation with impunity,” prosecutors wrote in a court filing last week.

Cannon didn’t immediately rule on Trump’s bid to throw out the case. She told a Trump attorney that striking down a statute, as the defense wants, would be “quite an extraordinary step,” though acknowledged that a former president being charged with mishandling classified documents is unprecedented in itself.

Prosecutor Jay Bratt responded that there’s never been another situation “remotely similar to this one.”

Supporters of the former president gathered at the courthouse Thursday morning, with the St. Lucie County Republican Party asking supporters to bring signs and flags for Trump’s arrival.

The former president faces 40 felony charges that accused him of willfully retaining classified documents after he left office, making false statements and obstructing justice.

Thursday’s hearing follows Trump’s appearance two weeks ago, during which his legal team sought to delay the start of the trial. They cited difficulties managing preparation alongside the ongoing New York hush-money criminal case.

The trial in the classified documents case is scheduled to begin May 20.

Prosecutors continue to push for a July start date, while the former president’s team argues that any trial before the election would be unfair.

The Associated Press contributed to this report.

  • This image, contained in the indictment against former President Donald Trump, shows boxes of records being stored on the stage in the White and Gold Ballroom at Trump's Mar-a-Lago estate in Palm Beach, Fla. Trump is facing 37 felony charges related to the mishandling of classified documents according to an indictment unsealed Friday, June 9, 2023. (Justice Department via AP)
  • FILE - The indictment against former President Donald Trump is photographed on Friday, June 9, 2023. A pretrial conference Tuesday, July 18, to discuss procedures for handling classified information will represent the first courtroom arguments in the case before U.S. District Judge Aileen Cannon since Trump was indicted five weeks ago. (AP Photo/Jon Elswick, File)
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