Trump Florida Judge Cannon denies Trump dismissal on 'unconstitutional vagueness'
Judge Cannon stated, "I don't see how it leads to a dismissal... Maybe a defense at trial..."
By Jake Gibson , Heather Lacy , Bradford Betz Fox News
Published March 14, 2024 4:19pm EDT | Updated March 14, 2024 5:28pm EDT
US District Court Judge Aileen Cannon on Thursday dismissed former President Trump's motion to dismiss charges of retaining classified documents on the grounds of "unconstitutional vagueness."
This is only one of two motions from Trump's legal team. The judge has not ruled on the other motion to dismiss based on the Presidential Records Act.
Defense attorney Todd Blanche argued earlier that the Trump position is that the Presidential Records Act gives the president the authority to retain documents he sees fit, and essentially take them home or out of the White House, and if that's accurate, that alone is "fatal" to Special Counsel Jack Smith’s indictment.
"Presidents since George Washington have taken material out of the White House," said Blanche, adding that the PRA was passed in the late 70s and nothing in the statute says anything about documents with markings or anything that gives the National Archives (NARA) the ability to challenge a president's decision about which documents are personal versus presidential.
Team Trump also points out often that then-President Trump caused these boxes to be moved while he was still president and that this is the first time NARA has challenged a decision made by a president about which documents are personal versus presidential. They claim NARA only took this action because the president in question was Donald Trump.
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https://www.foxnews.com/politics/trump-florida-judge-cannon-seems-hint-dismissal-unlikely
