Federal judge denies Trump motion to dismiss classified records case based on Presidential Records Act
Fox News
The federal judge presiding over former President Trump’s classified records case has denied his motion to dismiss the charges based on the Presidential Records Act.
U.S. District Court Judge Aileen Cannon, last month, also dismissed Trump’s motion to dismiss charges of retaining classified documents on the grounds of “unconstitutional vagueness.”
In a filing Thursday, Cannon denied the former president’s motion to dismiss, saying that the charges against Trump “make no reference to the Presidential Records Act, nor do they rely on that statute for purposes of stating an offense.”
Cannon said the Presidential Records Act “does not provide a pre-trial basis to dismiss” the case, saying “all of which state cognizable offenses.”
TRUMP FLORIDA JUDGE CANNON DENIES TRUMP DISMISSAL ON ‘UNCONSTITUTIONAL VAGUENESS’
But Cannon said that the court’s order “should not be misconstrued as declaring a final definition on any essential element or asserted defense in this case.”
“Nor should it be interpreted as anything other than what it was: a genuine attempt, in the context of the upcoming trial, to better understand the parties’ competing positions and the questions to be submitted to the jury in this complex case of first impression,” Cannon wrote.
Cannon said parties are “free to avail itself of whatever appellate options it sees fit to invoke, as permitted by law.”
Separately, she indicated she would stay on the case, despite a filing from Smith hinting he would go over her head if she didn’t rule sooner on Trump’s motion.
Trump was charged out of Smith’s investigation into his retention of classified materials. Trump pleaded not guilty to all 37 felony charges from Smith’s probe, including willful retention of national defense information, conspiracy to obstruct justice, and false statements.
Trump was also charged with an additional three counts as part of a superseding indictment out of the investigation — an additional count of willful retention of national defense information and two additional obstruction counts.
Trump pleaded not guilty.
This is a developing story. Please check back for updates.