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Trump Classified Documents
This image, contained in the indictment against former President Donald Trump, shows boxes of records stored in a bathroom and shower in the Lake Room at Trump's Mar-a-Lago estate in Palm Beach, Fla. The classified documents investigation of Donald Trump appeared to have clear momentum in 2022 when FBI agents who searched the former president’s Mar-a-Lago estate recovered dozens of boxes containing sensitive documents. But each passing day brings mounting doubts that the case can reach trial this year. The judge has yet to set a firm trial date despite holding two hours-long hearings with lawyers this month. (Justice Department via AP)

Judge denies Trump bid to dismiss classified documents prosecution

A federal judge has refused to throw out the classified documents prosecution against Donald Trump

By ERIC TUCKER
Published - Apr 04, 2024, 03:10 PM ET
Last Updated - Apr 04, 2024, 03:10 PM EDT

WASHINGTON (AP) — A federal judge refused Thursday to throw out the classified documents prosecution against Donald Trump, rejecting a defense argument that the case should be tossed because he was entitled as a former president to retain the records after he left office.

Lawyers for Trump had cited a 1978 statute known as the Presidential Records Act in arguing that he was permitted to designate records from his time in office as personal and take them with him when he left the White House.

Prosecutors on special counsel Jack Smith's team vigorously opposed that argument, saying the statute had no relevance in a case concerning classified documents.

U.S. District Judge Aileen Cannon sided with the government in a three-page order, writing that the indictment makes “no reference to the Presidential Records Act, nor do they rely on that statute for purposes of stating an offense.”

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