Donald Trump‘s legal team is gearing up to request the dismissal of a federal criminal case accusing him of unlawfully retaining classified documents.
The hearing, scheduled in Fort Pierce, Florida, marks Trump’s latest effort to thwart the four criminal cases he faces while actively campaigning as the Republican candidate against President Joe Biden in the upcoming election.
In this particular case, Trump has entered a plea of not guilty to a 40-count indictment, alleging that he unlawfully held sensitive national security documents at his Mar-a-Lago estate in Palm Beach following his departure from office in January 2021. The indictment also charges him with obstructing government efforts to retrieve these documents.
Trump’s attorneys plan to argue before U.S. District Judge Aileen Cannon, appointed by Trump himself, that he had the authority to retain these documents as “personal” under a U.S. law governing presidential records.
However, prosecutors, led by U.S. Special Counsel Jack Smith, contend that documents concerning matters such as nuclear weapons capabilities and national defense cannot be classified as personal records.
The crux of the dispute centers on whether Trump knowingly violated the law by taking these materials with him upon leaving office. Furthermore, Trump’s legal team intends to challenge the vagueness of the primary charge against him regarding the illegal retention of national defense-related information.
Thursday’s hearing will focus on two of the seven legal motions filed by Trump to dismiss the charges. Notably, Trump’s co-defendants, personal aide Walt Nauta and Mar-a-Lago property manager Carlos de Oliveira, have also sought dismissal of the case.
The outcome of this hearing may test Judge Cannon’s receptiveness to Trump’s legal arguments. However, the timing of a potential trial remains uncertain, with both parties acknowledging the need for postponement.
Trump’s legal maneuvering, including requests for delays and dismissal, has marked a contentious chapter in his post-presidential legal battles.
