The Presidential Records Act “does not exempt Trump from the criminal law, entitle him to unilaterally declare highly classified presidential records to be personal records, or shield him fro…
Former President Donald Trump acknowledges supporters as he heads to federal court, Thursday, March 14, 2024, in Fort Pierce, Fla.FORT PIERCE, Fla. — A federal judge on Thursday rejected one bid by Donald Trump to throw out out his classified documents criminal case, and appeared skeptical during hours of arguments of a separate effort to scuttle the prosecution ahead of trial.
But it left unanswered questions over when the case might proceed to trial and only covered one of the two motions argued in court on Thursday. A separate motion about whether Trump was permitted under the Presidential Records Act to retain the documents after he left the White House remains pending, but the judge also seemed disinclined to throw out the case on those grounds.
After the hearing, Trump on his Truth Social platform took note of the “big crowds” outside the courthouse, which included supporters with flags and signs who honked their car horns in solidarity with the ex-president. He again said the prosecution is a “witch hunt” inspired by President Joe Biden. Prosecutors countered that those records were clearly presidential, not personal, and included top-secret information and documents related to nuclear programs and the military capabilities of the U.S. and foreign countries. They say the presidential records statute was never meant to permit presidents to retain classified and top-secret documents, like those kept at Mar-a-Lago.
When a law is unclear, Bove told Cannon, “The court’s obligation is to strike the statute and say ‘Congress, get it right.'” Cannon has suggested in the past that she sees Trump’s status as a former president as distinguishing him from others who have held onto classified records.
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