Judge denies Trump’s bid to dismiss classified docs case based on unconstitutional vagueness

Daily Caller News Foundation

The judge overseeing former President Donald Trump’s classified documents case denied Thursday his bid to dismiss his case based on unconstitutional vagueness.

Shortly after a hearing Thursday to consider two of Trump’s motions to dismiss, Judge Aileen Cannon denied his bid to dismiss based on phrases in the statute he argued were “unconstitutionally vague,” including the terms “unauthorized possession,” “relating to the national defense” and “entitled to receive.” Cannon has not yet issued a ruling on the other motion considered during the hearing seeking to dismiss the case based on the Presidential Records Act.

“Although the Motion raises various arguments warranting serious consideration, the Court ultimately determines, following lengthy oral argument, that resolution of the overall question presented depends too greatly on contested instructional questions about still-fluctuating definitions of statutory terms/phrases as charged, along with at least some disputed factual issues as raised in the Motion,” the ruling stated.

Cannon questioned during the hearing whether it would be “premature” to dismiss Trump’s case based on the Presidential Records Act when there was still a dispute about whether documents were designated as personal, according to CNN.

Cannon also addressed another issue during the hearing, questioning why Trump is the only president who has been charged over his handling of classified material. Trump’s attorneys pointed to Special Counsel Robert Hur’s report, which found evidence President Joe Biden willfully retained classified material but declined prosecution, NBC News reported.

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