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Trump’s Defense Team Challenges Charges, Asserts Presidential Record Rights

Former President Donald Trump’s legal team is gearing up to challenge the federal criminal case accusing him of unlawfully retaining classified documents.

They argue that Trump had the authority to retain these records following his presidency.

Argument for Dismissal

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Trump’s lawyers will argue that he had already designated the documents “personal,” and hence, the charges being brought against him are invalid.

Judge Aileen Cannon’s Context

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The matter is due to be heard by District Judge Aileen Cannon, who is herself a Trump nominee. 

Prosecution’s Claims

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U.S. Special Counsel Jack Smith, leading the prosecution, contends that the documents retained by Trump encompassed sensitive national security matters.

Smith argues that designating these documents as personal does not exempt them from legal scrutiny.

Challenges to Charges

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Trump’s legal team wants to make the assertion that the charges being brought against him are inapplicable in the case of a former President.

Dismissal Being Sought

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Additionally, they seek to dismiss the charges based on claims of presidential immunity and the absence of charges against other officials who have similarly held on to documents.

Co-Defendants’ Defense

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Two co-defendants who were part of the Mar-a-Lago staff are also seeking dismissal of the case. Their arguments align with Trump’s own legal position.

Judge’s Receptivity

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Judge Cannon’s stance on Trump’s position will be tested in this hearing.

While she previously ruled in Trump’s favor in a preliminary challenge, her decisions have faced scrutiny from higher courts, indicating potential complexities in her reception of Trump’s arguments.

Trial Uncertainty

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The trial’s timing remains uncertain, with both the defense and prosecution acknowledging the need for postponement.

Trump’s team is aiming for a later start to the trial to ensure that it does not affect his election bid.

Legal Maneuvering and Impacts

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Trump’s legal maneuvers extend beyond this federal case, with ongoing battles in state and federal courts.

These include challenges related to his efforts to overturn the 2020 election results and separate state charges concerning hush money payments.

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Credits: DepositPhotos – NEW YORK, USA – Sep 21, 2017: Meeting of the President of the United States Donald Trump with the President of Ukraine Petro Poroshenko in New York — Photo by palinchak

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