(TheRedWire.com) – On Thursday, a federal judge dismissed former President Donald Trump’s request to have his case concerning classified documents thrown out. This decision by Judge Aileen Cannon followed a hearing that lasted three hours, during which she had questioned whether Trump’s claim of the case’s “unconstitutional vagueness” would suffice to dismiss it.
Trump’s defense team has made numerous attempts, through nine separate motions, to have the case dismissed, citing a lack of clarity in the law as it pertains to Trump, particularly in a filing from February. Trump’s lawyer, Emil Bove, argued that the statute’s ambiguity allows for what he termed “selective” enforcement by the Justice Department, claiming this led to Trump’s charges while others, like President Biden, have not faced similar prosecution. Bove contended that it was the court’s duty to invalidate the statute and prompt Congress to correct it.
However, prosecutor Jay Bratt, part of special counsel Jack Smith’s team, countered the argument, maintaining that the statute in question is not vague. During the proceedings, Judge Cannon remarked on the unprecedented nature of charging a former president with mishandling classified documents but also highlighted the extraordinary nature of nullifying a statute as the defense proposed.
Of the nine motions presented by Trump’s team, Judge Cannon only addressed two in the Thursday session, leaving the remaining motions, including one related to the Presidential Records Act, undecided. Trump’s defense argues that over 300 classified documents seized from his Mar-a-Lago estate should be considered personal rather than presidential records.
Judge Cannon showed skepticism toward Trump’s assertion, noting the contentious nature of the claims and suggesting they were not solid grounds for dismissing the charges.
The Presidential Records Act of 1978, central to this legal debate, mandates that presidents must hand over their official records to the National Archives and Records Administration upon leaving office, although they are allowed to keep personal records. This law distinguishes between records for official government business and personal records, such as diaries and notes not intended for government use.
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