The former president's lawyers cited the Presidential Records Act in asking that the government's case be dismissed. Judge Aileen Cannon denied the motion — clearing the way for it to proceed.
Former President Donald Trump asked that the Mar-a-Lago classified documents trial be thrown out, citing the Presidential Records Act. On Thursday, U.S. District Judge Aileen Cannon denied the motion and said the case will proceed.
At a hearing in Fort Pierce last month, prosecutors said the charges against Trump have nothing to do with the Presidential Records Act. In the indictment, he is charged with 32 counts of violating the Espionage Act.In denying the defense motion, U.S. District Judge Aileen Cannon, a Trump appointee, agreed with prosecutors. She wrote,"Those same counts make no reference to the Presidential Records Act nor do they rely on that statute for purposes of stating an offense.
"If the Court wrongly concludes that it does, and that it intends to include the PRA in the jury instructions ... it must inform the parties of that decision well in advance of trial," Smith wrotes. He asked the judge to rule on the issue soon, saying prosecutors might need time to file an appeal. She called his critique of her proposed jury instructions"unprecedented and unjust." Asking the parties to submit draft jury instructions related to the Presidential Records Act, she said, was"a genuine attempt, in the context of the upcoming trial to better understand the parties' competing positions.
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