Trump-appointed Judge Aileen Cannon has denied the former president's attempt to have his classified documents case dismissed based on an interpretation of the Presidential Records Act.
Special counsel Jack Smith argued in a filing on Tuesday that the 1978 law mandating presidents to return presidential records to the government upon leaving office but allowing them to keep personal ones had no relevance in a case concerning highly classified documents. (RELATED: Classified Document Prosecutors Rebuke Judge's ‘Flawed' Order)
However, the ruling, as reported by CNN, was not a definitive win for Smith's team.
The short order from US District Judge Aileen Cannon on Thursday leaves open the possibility that Trump could still use the argument to defend himself at trial.
Cannon, in the new order, pushed back on special counsel Jack Smith's request that she make a final ruling on whether the theory can be used at trial, so that prosecutors could appeal to the 11th Circuit. She said that “demand” was “unprecedented and unjust.”
There are still more than a dozen outstanding motions for Cannon to decide, including several other motions to dismiss the case.
Last August, Trump pleaded not guilty twice in 24 hours to charges brought by Smith in the pending federal criminal case, accusing him of mishandling classified documents after leaving the White House.
Trump denies all of the allegations.
This is a breaking news story. Please check back for updates.
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