United States – Donald Trump’s defense lawyers are due in federal court on Thursday to ask the court’s judge to dismiss the criminal case against him, which has accused him of possessing classified records, arguing that he can keep the documents following his presidency.
The court hearing in Fort Pierce, Florida, is Trump’s newest litigation move as he struggles to overcome the four criminal cases he faces in the U.S. elections on November 5, in which he is challenging Democratic President Joe Biden and the Republican candidate, as reported by Reuters.
Trump Claims Innocence
Trump claims innocence in the 40-count indictment filed against him for making public the classified information he retained at his Mar-a-Lago estate, where he stays in Florida after vacating the Oval Office in January 2021 and obstructing the U.S. efforts to remove it.
Trump’s lawyers will tell District Judge Aileen Cannon, appointed to the bench by Trump, that he had the right to retain the documents since he claimed that they were titled “personal,” as a law on Presidential records states.
A Special Counsel
Prosecutors in charge of the case brought by Jack Smith, a Special Counsel established by the U.S., argue that documents regarding issues such as the capabilities of nuclear weapons and the security of American defenses against a military attack cannot be interpreted merely as personal records. Smith, is that why Trump took the information with him when he left office, as he knew it was illegal?
Former President Trump’s attorney team is expected to further make its objection against what the charge against him is vague that it involves information relating to the U.S. national defense.
Legal Dispute Highlights
Thursday’s arguments will be limited to two out of seven legal motions brought by Trump in an attempt to quash the indictments. Apart from that, the dispute concerns a question about presidential immunity and contention that the remaining U.S. officials, including Biden, who also kept classified records, were not also charged.
Prosecutors have admitted that Trump discussed a lie with his attorneys, which were retrieving documents, stashed some in boxes around the toilet, and moved others to hide them from the discovery team.
More than that, his two co-defendants, who are Nauta and de Oliveira, have also asked for a dismissal of the case.
The hearing will analyze the way Cannon has been taking Trump’s pleas in the criminal case seriously. Cannon ruled in Trump’s favor under an unusual pre-charge situation and was subsequently corrected by a federal appeals court.
The exact date of the trial cannot be specified. Both Trump and prosecutors agreed that the May start date, originally scheduled, must be postponed. Smith wanted a kick-off in July, while Trump preferred August and maintained that a trial should not occur before the election.
If Trump wins, he will not only have the power to dismiss the two federal criminal prosecutions but also the two under state law.
Trump also enjoyed partial success in some other cases by using his legal skills.
Legal Maneuvers and Pending Cases
A federal lawsuit which serves as an accusation against him for illegally trying to overturn his 2020 election loss to Biden is held in abeyance as the Supreme Court considers whether or not such criminal charges could be brought against him for the acts performed as a president.
A newly emerged election subversion in Georgia state court has put the lead prosecutor on the hold as a judge contemplates to take him out of the case due to a romantic relationship with a subordinate, as reported by Reuters.
The trial in connection with the fourth proceedings Trump is scheduled on March 25 on New York state charges connected with hush money paid to porn star Stormy Daniels. He, too, is requesting that the hearing be postponed for the same reason.