Trump arrives at Florida courthouse for hearing on whether to dismiss his classified documents case

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Trump arrives at Florida courthouse for hearing on whether to dismiss his classified documents case
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Donald Trump has arrived at a federal courthouse in Florida, where a judge will hear arguments on whether to dismiss the criminal case accusing the former president of hoarding 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. A federal judge is set to hear arguments on whether to dismiss the classified documents prosecution of Donald Trump. His lawyers say the former president was entitled under the Presidential Records Act to keep the sensitive documents with him when he left the White House and headed to Florida.

Special counsel Jack Smith’s team, by contrast, says the files Trump is charged with possessing are presidential records, not personal ones, and that the statute does not apply to classified and top-secret documents like those kept at his Mar-a-Lago estate in Florida. Cannon is also expected to hear arguments Thursday on a separate but related Trump team motion that says the statute that forms the bulk of the criminal charges — making it a crime to willfully retain national defense information — is unconstitutionally vague as it applies to a former president.

Trump’s lawyers have said that he designated as personal property the records he took with him to Mar-a-Lago, which prosecutors say included top-secret information and documents related to nuclear programs and the military capabilities of the U.S. and foreign adversaries. More recently, even while ruling in favor of Smith’s team on a procedural question, Cannon pointedly described the case as the “first-ever criminal prosecution of a former United States President — once the country’s chief classification authority over many of the documents the Special Counsel now seeks to withhold from him — in a case without charges of transmission or delivery of national defense information.

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