The ongoing legal battles with ex-President Donald Trump have people wondering if a judge might throw out a case against him soon. U.S. District Judge Aileen Cannon, who is handling Donald Trump’s case involving classified documents, scheduled a hearing for Thursday.
The hearing is to consider the former president’s motion to dismiss count 1-32 of the case. Trump is facing 40 charges in the Southern District of Florida. He was accused of unlawfully keeping national defense information and obstructing the federal investigation into his handling of the material. He has pleaded not guilty and maintains his innocence.
The hearing will focus on “Trump’s motion to dismiss classified docs counts 1-32 on unconstitutional vagueness claims and Trump+Nauta motion to dismiss the superseding indictment on the Presidential Records Act.”
“Nobody has ever claimed before the Presidential Records Act somehow immunizes them from criminal prosecution,” Rubin said on MSNBC Tuesday, dismissing Trump’s argument. “Donald Trump is dreaming,” she said. “Again, his audience is Aileen Cannon who, what Donald Trump wants, she usually provides.”
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Hugo Lowell from The Guardian reported that Judge Cannon might be trying to find out “whether to grant subsequent evidentiary hearings as requested by Trump and opposed by Special Counsel.” On Thursday, Special Counsel Jack Smith dismissed Trump’s claim that he had the authority to designate government records as personal under the Presidential Records Act.
Smith’s team countered that the over 300 documents bearing classified markings found with Trump “are unquestionably presidential, not personal.” Prosecutors argued that “Trump was not authorized to possess classified records at all.”
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On Sunday, MSNBC legal analyst Lisa Rubin asked why Cannon chose to address the motion related to the Presidential Records Act. She explained to co-host Alicia Menendez what she’ll be “watching for” during Thursday’s hearing.
“Why did she choose those?” Rubin questioned. “One possibility is she’s looking to toss the case, and she’s looking to toss it on something other than constitutional immunity grounds, because there is a fear that if the Supreme Court were to uphold, for example, the DC Circuit, she can’t go against that. She’ll be overturned. So, she’s looking for, potentially, another reason to throw out the case,” Rubin continued.
ALSO READ: Judge Cannon Accused of Partiality for How She Handled Trump’s Case
“The Presidential Records Act argument is entirely frivolous. Trump is very fond of comparing it to, what he calls, the ‘Clinton socks case’. That’s a case involving audio tapes that Bill Clinton made with a biographer.
The reasoning in that case turns on the fact that the judge considered those more akin to diaries, which, by the way, are exempt from the President’s Records Act. So, it’s not analogous at all. Curious to see how that argument goes on Thursday, but why those two motions in particular?” she added.
The former president’s legal team has argued that a fair trial would not be possible before the upcoming presidential election. However, they conceded that August or September would be possible if the judge decided to proceed with the case.
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