Judge Aileen Cannon on Thursday denied one of Trump’s two motions debated today to dismiss the classified documents case.
President Trump on Thursday appeared in federal court in Florida for a hearing on two motions to dismiss Jack Smith’s classified documents case – one motion was based on Jack Smith’s “unconstitutionally vague” use of the Espionage Act – the other motion argued Trump is protected under the Presidential Records Act.
A third motion based on selective prosecution is still pending.
Trump’s legal team last month filed several motions to dismiss Jack Smith’s classified documents case.
Jack Smith indicted Trump on 37 federal counts in Miami in June for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents.
Trump was charged with 31 counts under the Espionage Act of willful retention of national defense information and 6 other process crimes stemming from his conversations with his lawyer.
President Trump’s lawyers on Thursday argued two main points: Trump is a victim of a double standard because no other former president was charged for retaining classified documents. Bill Clinton and Ronald Reagan were not charged.
“These charges must be struck and dismissed,” Trump’s defense lawyer Emil Bove argued on Thursday, according to ABC News.
Cannon denied only one of Trump’s motions to dismiss the classified documents case.
NEW: As expected, Judge Cannon just denied Trump's motion to dismiss on unconstitutional vagueness of Espionage Act motion, one of two motions debated today.
She repeatedly asked whether some of the unclear definitions instead should be resolved in jury instructions pic.twitter.com/068JhzKgcx
— Julie Kelly (@julie_kelly2) March 14, 2024
Cannon did hammer the double standard and selective prosecution of the Espionage Act.
“Arbitrary enforcement..is featuring in this case,” Cannon said.
Stay tuned for Judge Cannon’s decision on Trump’s other pending motions to dismiss.
