Politics
JUST IN: Legal Expert Predicts Judge Cannon Will Dismiss Trump’s Documents Case
The case against former President Donald Trump regarding the retention of classified documents has taken a pivotal turn. Judge Aileen Cannon’s latest proceeding in the case has fueled a firestorm of speculation from legal experts and caused panic among some former Democrat prosecutors.
One former litigator warned MSNBC viewers of the possibility that Judge Cannon could dismiss the case against Trump without even setting a trial date. Arguments will be presented on Thursday by both the team of special counsel Jack Smith and the legal representatives of Trump regarding the former president’s motions to have his classified documents case dropped.
Appointed by Trump in 2020, Cannon has faced a close examination of her potential influence on the trial’s outcome. With a wide array of duties, such as resolving pretrial disagreements, deciding on the admissibility of evidence, and setting the case’s speed, her decisions can significantly affect the timing of the trial, impacting its occurrence before the 2024 election. Cannon’s rulings have so far tilted towards allowing for a longer period of preparation, aligning with what Trump’s defense team prefers.
The reasons given for the motions to dismiss include the “Presidential Records Act” and claims of “unconstitutional vagueness.” Former U.S. Attorney Joyce Vance offered a critical analysis that cuts to the heart of Trump’s defense motions.
Vance wrote, “In the Mar-a-Lago case, Judge Cannon will hear from the lawyers today on Trump’s motions to dismiss the prosecution based on the Presidential Records Act & ‘unconstitutional vagueness.’ I’ve handled a lot of motions in criminal cases. These are barely better than frivolous.”
Vance challenged the crux of Trump’s defense, saying, “Trump insists he designated the documents as personal records under the PRA so his possession of them was authorized & he can’t be prosecuted for it. But he’s never been able to explain how the PRA trumps laws about handling classified & national defense info. It doesn’t.”
2/Trump insists he designated the documents as personal records under the PRA so his possession of them was authorized & he can’t be prosecuted for it. But he's never been able to explain how the PRA trumps laws about handling classified & national defense info. It doesn't.
— Joyce Alene (@JoyceWhiteVance) March 14, 2024
MSNBC legal analyst Lisa Rubin made the case that the Presidential Records Act “doesn’t support the interpretation and almost the perversion that Donald Trump is trying to give it.” However, she shared her concern that Cannon’s willingness to hear Trump’s motions to dismiss is reason enough to believe that the case could be tossed out entirely.
“She has yet to issue a scheduling order setting a trial date. In the meantime, she’s hearing argument today on two motions to dismiss,” said Rubin.
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“I’m not a betting person, probably would make a miserable one, but the fact she set oral arguments on two motions to dismiss makes me think maybe she thinks she can get rid of this case without setting a trial date. That is frightening, given the gravity of the charges here and the evidence that supports those charges.”
Donya Perry, a former federal prosecutor, expressed her astonishment to CNN over Cannon’s decision to hold a hearing regarding these motions.
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Perry noted Cannon’s “giving a lot of deference to the former president and his legal team,” which she believes is significantly more than many consider warranted. She further commented that this level of leniency is more than “a lot of other judges would give in this situation.”
In a setback for Fulton County District Attorney Fani Willis on Wednesday, Judge Scott McAfee dropped six felony charges against Trump and several of his associates in the Georgia election interference investigation. Despite this, Trump remains challenged by 10 criminal allegations in the state.