Throughout the court session lasting about three and a half hours, Judge Aileen Cannon indicated that she was not leaning towards dismissing the classified documents case against former President Donald Trump based on the arguments presented by his lawyers on Thursday.
Vehicles that are part of the motorcade of former US President Donald Trump leave the US District Court Magistrate in Fort Pierce, Florida, on March 1.
Vehicles that are part of the motorcade of former US President Donald Trump leave the US District Court Magistrate in Fort Pierce, Florida, on March 1.
Maria Alejandra Cardona/Reuters/File
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Trump classified documents case hearing
Before the judge were two motions to dismiss filed by the defendants in the case. Trump's first argument was that the case should be dismissed based on the Presidential Records Act, which governs the handling of White House records by outgoing administrations.
The second argument presented to Judge Cannon was Trump's claim that the law prosecutors used to charge him for allegedly retaining national defense records without authorization was too vague to be applied to his case.
Cannon did not support the requests to drop the charges and believed that certain issues brought up by Trump's legal team should be decided by a jury.
Here are the key points discussed during Thursday's hearing:
The judge stated that it would be 'extraordinary' to dismiss charges based on the argument that the law was unclear. The morning session centered on Trump's claim that the law against unlawfully keeping national defense information was too vague to be used against his alleged actions.
Throwing out those charges on the basis that they were unconstitutionally vague would be an extraordinary step, Cannon said.
She reminded Trump attorney Emile Bove that declaring a statute unconstitutionally vague is indeed an extraordinary measure.
Bove responded: “I understand that it is significant, but it’s warranted here.”
Cannon: Trump’s arguments would ‘gut’ the Presidential Records Act
The judge expressed doubt about the second request from Trump being discussed on Thursday. Trump argued that since he has the authority to choose which White House documents are personal, the case against him should be dropped.
Cannon noted that Trump's legal team made strong arguments about his power to label the records as personal by bringing them to his Mar-a-Lago resort after his presidency ended.
But she kept pointing out that their argument relied on facts that were still being debated, so it was not a valid reason to drop the charges.
The judge then turned to Trump's attorney Todd Blanche and said, "It's hard to understand how this would lead to dismissing the indictment."
Cannon expressed concern that the defense's arguments could significantly weaken the Presidential Records Act (PRA), giving future presidents the ability to claim that presidential documents are personal. This argument aligns with the stance taken by the Justice Department in the ongoing case.
Cannon also mentioned that certain issues raised by Trump should be deliberated upon by the jury during the proceedings.
The judge emphasized that certain arguments made by Trump are more appropriate for a jury to determine during his upcoming trial.
Cannon questioned Trump's lawyers multiple times about their arguments, particularly regarding Trump's claim that he was unaware he was breaking the law when he brought documents to Mar-a-Lago. Cannon suggested that these arguments may be premature.
Cannon acknowledged that the arguments presented could serve as a strong defense during the trial, showing her understanding of some of the concerns raised by the former president regarding the criminal case.
She expressed, "Your arguments could be impactful in a trial defense," while also mentioning the challenge in seeing how this could lead to a dismissal.
Attorneys are arguing about the actions of Reagan, Clinton, and Biden. Trump's legal team has been highlighting how previous presidents, such as Reagan, Clinton, and Biden, also stored classified material similarly to Trump but were not charged with any crimes.
They said Ronald Reagan kept his own journals during his presidency, which included some classified information. Bill Clinton, on the other hand, stored tape recordings from his presidency in his sock drawer.
Defense attorneys have also brought up the special counsel probe into President Joe Biden's handling of classified information. They claim Biden has kept documents from his time as vice president but has not faced any prosecution.
Special counsel Jack Smith’s office pointed out the distinctions they observed between Trump and his predecessors. They mentioned that Reagan’s journals were considered more like “personal records” under the Presidential Records Act. In Clinton’s situation, the tapes were never examined to confirm if they contained classified information.
Regarding Biden, prosecutors made it clear that they lacked any information about special counsel Robert Hur’s investigation, which ultimately ended without any charges being filed.
Even with other former presidents, there was never a situation remotely similar to this one,” prosecutor Jay Bratt said.
Editor's P/S:
The hearing on Thursday regarding the classified documents case against former President Trump highlighted the complexities and nuances surrounding the interpretation and application of the law. Judge Cannon's reluctance to dismiss the case based on Trump's arguments underscores the gravity of the charges and the need for a thorough examination of the facts.
The defense's attempts to draw parallels with previous presidents' handling of classified materials raise important questions about the consistency and fairness of the justice system. However, the prosecution's emphasis on the unique circumstances of Trump's case, including the large volume of highly sensitive documents involved, suggests that this situation is far from ordinary. As the case proceeds, it will be crucial for the jury to carefully consider the arguments and evidence presented by both sides to reach a just and impartial verdict. similar charges against other former presidents. The outcome of this case will undoubtedly set precedents regarding the handling of classified information by outgoing administrations, emphasizing the importance of clear guidelines and accountability in protecting national security interests.