By The newspaper
04 Apr 2024, 16:46 PM EDT
Judge Aileen Cannon on Thursday rejected former President Donald Trump’s attempt to dismiss a case alleging that he had mishandled classified documents found in his possession after leaving the White House.
The ruling denies a motion based on the Presidential Records Act filed by Trump’s defense to dismiss the accusation, according to EFE.
Specifically, the judicial process sought to dismiss 32 charges for “intentionally withholding and not delivering documents containing national defense information,” as well as the remaining charges related to “obstruction of Justice.”
However, Judge Cannon determined that the charges against Trump “do not reference the Presidential Records Act, nor do they rely on that statute to declare a crime.”
“For these reasons, by accepting the allegations in the Superseding Indictment as true, the Presidential Records Act does not provide a pretrial basis for dismissing the case,” the judge wrote, raising the possibility that the defense argument could be used later.
awaiting trial
Cannon had asked both sides to address the argument that national security documents could be considered personal in proposed jury instructions.
Remember that the Presidential Records Act requires the return of presidential records at the end of a president’s term, but says they can keep their personal records, which are described as documents that contain “very personal information, such as diaries, magazines and medical records,” according to NBC News.
The Florida judge rejected special prosecutor Jack Smith’s request to make a final decision on whether this theory can be used in the trial, which will take place in a court in Fort Pierce, about 200 kilometers north of Miami, EFE reported.
The trial is scheduled to begin on May 20, but a new date is still pending from Cannon. Both parties presented their proposed date in February, at the request of the judge, but she has not yet announced her decision.
Among the charges Trump faces in the classified documents case are intentional withholding of national defense information, false statements and representations, conspiracy to obstruct justice, withholding a document or record and corrupt concealment of a document. He has declared himself innocent of all of them.
Keep reading:
• Legal triumph for Trump: judge files six charges against him for the electoral case in Georgia
• Republicans ask for documents from prosecutor investigating Trump in Georgia after ignoring previous requests
• An alleged romantic relationship puts the prosecutor investigating Trump in the spotlight