Judge Aileen Cannon

Judge In Florida Denies Trump’s ‘Motion To Dismiss’ In Classified Docs Case

Judge Aileen Cannon
Judge Aileen Cannon

Judge Aileen Cannon, presiding over the case involving classified documents and former President Donald Trump, denied his motion Thursday to dismiss on the grounds of the Presidential Records Act (PRA).

According to Trump’s motion to dismiss, the Presidential Records Act “precludes judicial review of the President’s recordkeeping practices and decisions.”

“The Superseding Indictment specifies the nature of the accusations against Defendant Trump in a lengthy speaking indictment with embedded excerpts from investigative interviews, photographs, and other content,” Cannon wrote. “For these reasons, accepting the allegations of the Superseding Indictment as true, the Presidential Records Act does not provide a pre-trial basis to dismiss under Rule 12(b)(3)(B)(v)—either as to Counts 1 through 32 or as to the remaining counts, all of which state cognizable offenses.”

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“The Court’s Order soliciting preliminary draft instructions on certain counts should not be misconstrued as declaring a final definition on any essential element or asserted defense in this case,” Cannon wrote. “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 also dismissed Special Counsel Jack Smith’s proposal to petition the 11th Circuit Court of Appeals for an order compelling her to elucidate her position, stating, “At all times, any party is free to exercise any appellate options that it deems appropriate, in accordance with the law.”

“As always, any party remains free to avail itself of whatever appellate options it sees fit to invoke, as permitted by law,” she wrote.

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In June of last year, Trump entered a not-guilty plea to 37 criminal counts pertaining to his management of classified materials.

Prosecutors alleged that he consistently obstructed the government’s attempts to retrieve hundreds of documents comprising classified data on the nation’s defense capabilities and U.S. nuclear secrets.

Trump has condemned the investigation as a political witch hunt and denied all allegations.

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