A federal judge is set to weigh arguments on Thursday regarding the dismissal of the classified documents prosecution against Donald Trump. His attorneys assert that the former president was within his rights to retain sensitive records when he departed the White House for Florida.
The crux of the dispute lies in the Trump team’s interpretation of the Presidential Records Act. They argue that Trump had the authority to designate the documents as personal and keep them in his possession after his presidency ended.
However, special counsel Jack Smith’s team contends that the files Trump is accused of possessing are presidential records, not personal ones, and thus the statute does not exempt him from criminal liability.
In a court filing last week, prosecutors stated, “The Presidential Records Act does not exempt Trump from the criminal law, entitle him to unilaterally declare highly classified presidential records to be personal records, or shield him from criminal investigations.”
The ruling by U.S. District Judge Aileen Cannon, nominated to the bench by Trump, will determine whether the case proceeds to trial or is dismissed. Trump’s lawyers also argue that the statute forming the basis of the charges is unconstitutionally vague as applied to a former president.
Trump’s legal team has invoked the Presidential Records Act since the FBI’s search of Mar-a-Lago in August 2022. The law requires outgoing presidents to transfer their presidential records to the government, although they may retain personal records.
Trump’s lawyers maintain that he designated the records taken to Mar-a-Lago as personal property. These records allegedly included top-secret information related to national security.
Cannon has previously hinted at the unique nature of Trump’s status as a former president facing criminal charges over classified records.
The case marks the first-ever criminal prosecution of a former U.S. president without charges related to the transmission or delivery of national defense information.
Trump faces 40 felony counts in Florida, accused of willfully retaining classified documents and refusing government demands to return them. Prosecutors emphasize the severity of the alleged misconduct, highlighting Trump’s purported efforts to conceal records and deceive investigators.
The hearing is the latest development in Trump’s legal battles as he seeks to regain political prominence. Both sides have proposed summertime trial dates, with Cannon yet to rule on setting a date.
