The Boston Globe

US judge rejects Trump request

Refuses to halt documents case

- By Eric Tucker

WASHINGTON — A federal judge refused Thursday to throw out the classified documents prosecutio­n against Donald Trump, turning aside defense arguments that a decadesold law permitted the former president to retain the sensitive records after he left office.

Lawyers for Trump had cited a 1978 statute known as the Presidenti­al Records Act in demanding that the case, one of four against the presumptiv­e Republican nominee, be tossed out before trial. That law requires presidents upon leaving office to turn over presidenti­al records to the federal government but permits them to retain purely personal papers.

Prosecutor­s on special counsel Jack Smith’s team countered that that law had no relevance to a case concerning the mishandlin­g of classified documents and said the records Trump is alleged to have hoarded at his Mar-a-Lago estate were unquestion­ably presidenti­al records, not personal files, and therefore had to be returned to the government when Trump left the White House in January 2021.

US District Judge Aileen Cannon, who heard arguments on the matter last month, permitted the case to proceed in a three-page order that rejected the Trump team claims. She wrote that the 40-count indictment against Trump makes “no reference to the Presidenti­al Records Act” nor does it “rely on that statute for purposes of stating an offense.”

The ruling represents a modest win for Smith’s team, which has been trying to push the prosecutio­n forward to trial this year while also expressing growing frustratio­n with Cannon’s oversight of the case. Other Trump motions to dismiss the indictment remain unresolved by the judge, the trial date is in flux, and legal disputes have slowed the progress of the case.

In Thursday’s ruling, Cannon defended a previous order that asked lawyers for both sides to formulate potential jury instructio­ns and to respond to two different scenarios.

The order drew a sharp rebuke from Smith’s team, with prosecutor­s in a filing this week calling the premises she laid out “fundamenta­lly flawed” and warning that they were prepared to appeal if she pushed ahead with jury instructio­ns that they considered wrong.

“The Court’s order soliciting preliminar­y draft instructio­ns on certain counts should not be misconstru­ed as declaring a final definition on any essential element or asserted defense in this case,” Cannon wrote. “Nor should it be interprete­d as anything other than what it was: a genuine attempt, in the context of the upcoming trial, to better understand the parties’ competing positions and the questions to be submitted to the jury in this complex case of first impression.”

The ruling Thursday is the second time in as many months that the judge has denied one of Trump’s motions to drop the case. In March, she spurned an argument that the statute underpinni­ng the bulk of the charges was unconstitu­tionally vague and therefore required the dismissal of the indictment.

Cannon has yet to rule on other Trump efforts to dismiss the case, including arguments that presidenti­al immunity shields him from prosecutio­n and that he has been subject to “selective and vindictive prosecutio­n.”

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