A federal judge will hear arguments Thursday on whether to dismiss the classified documents prosecution of Donald Trump, with his attorneys asserting that the former president was entitled to keep the sensitive records with him when he left the White House and headed to Florida.
The dispute centers on the Trump team’s 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’s team, by contrast, says 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 those kept at his Mar-a-Lago estate in Florida.
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.
It was not clear when U.S. District Judge Aileen Cannon might rule, but the outcome will determine whether the case proceeds or whether, as Trump’s lawyers hope, it is thrown out before ever reaching a jury — a rare action for a judge to take.
Cannon, who was nominated to the bench by Trump, is also expected to hear arguments Thursday on a separate but related Trump team motion that says the statute that forms the bulk of the criminal charges — making it a crime to willfully retain national defense information — is unconstitutionally vague as it applies to a former president.
Here is the latest:
11:30 AM EDT: Trump’s lawyers are still arguing about ‘unconstitutional vagueness’
Bove persistently outlines Trump’s defense strategy regarding dismissal on the grounds of “unconstitutional vagueness,” fielding queries from Cannon. While the focus remains on the issue of defining terms and “unconstitutional vagueness,” Bove intermittently offers insights into the defense’s stance on dismissal under the Presidential Records Act (PRA).
He highlights the perceived lack of clear standards concerning “need to know” within the PRA, asserting that the government’s decision-making should not be influenced by selective criteria or political bias.
Furthermore, Bove argues that the indictment’s foundation should be invalidated, contending that the government cannot rely on arbitrary criteria or political motivations. In support of this argument, he references past instances such as the Clinton tapes, the Reagan documents, and most recently, the Hur Report’s critique of President Biden’s handling of classified materials.
11:20 AM EDT: After one hour judge Cannon may allow prosecution rebuttal
Just over an hour into the hearing, Cannon sounds like she may change the plan and allow the government to respond to her back-and-forth with Trump lawyer Emil Bove on the “unconstitutional vagueness” motion. So far, only Cannon and Bove have spoken during the hearing.
10:45 AM EDT: Lawyers of the former President start arguments
Immediately after initiating proceedings, Judge Aileen Cannon established the procedural guidelines for the hearing. She delineated that the attorneys representing the former president would first present their arguments for two motions before permitting the government to provide its rebuttal.
The legal team representing Trump commenced with arguments concerning the initial motion, aiming to dismiss counts 1-32 on the grounds of what they deem “unconstitutional vagueness.” Trump, alongside his attorneys Todd Blanche, Chris Kise, and Emil Bove, were all in attendance, positioned at the primary table with Trump situated between Blanche and Kise. Notably absent from the proceedings was Mar-a-Lago property manager Carlos de Oliveira, although he was represented by two attorneys.
Representing the government, special counsel Jack Smith was present, accompanied by prosecutors Jay Bratt and David Harbach.
10:15 AM EDT: Trump attacks ‘deranged’ Jack Smith
Trump arrived at the courthouse.
In a recent Newsmax interview broadcasted last night, Trump launched a scathing attack on special counsel Jack Smith, accusing him of being “out to murder” and labeling him as “deranged.” Trump characterized his legal battles as mere political persecution.
Furthermore, Trump asserted discrepancies in the treatment between himself and Biden regarding their respective handling of classified documents. He argued that the Presidential Records Act should safeguard his actions, suggesting that he acquired documents legally and transparently, unlike Biden.
Trump’s campaign has yet to respond to inquiries regarding his statements.
