On Monday, Judge Aileen Cannon denied Trump’s request to dismiss certain charges in Jack Smith’s classified documents case.
President Trump and his co-defendant Walt Nauta filed a motion to dismiss charges of obstruction and making false statements.
Judge Cannon denied the motion but removed a paragraph from Jack Smith’s superseding indictment.
As reported by FOX News:
The federal judge presiding over the classified documents case against former President Trump has denied a motion to dismiss some of the charges in the indictment.
Trump’s legal team had sought to throw out more than a half dozen of the 41 counts in the indictment, which accuses the former commander-in-chief of illegally hoarding classified documents from his presidency and conspiring with others to conceal sensitive files from the federal government.
The defendants had challenged counts related to obstruction and false statements, but U.S. District Judge Aileen Cannon issued an order Monday saying that “the identified deficiencies, even if generating some arguable confusion, are either permitted by law, raise evidentiary challenges not appropriate for disposition at this juncture, and/or do not require dismissal even if technically deficient, so long as the jury is instructed appropriately and presented with adequate verdict forms as to each Defendants’ alleged conduct.”
Judge Aileen Cannon will hold an expanded hearing to assess the validity of Jack Smith’s special counsel appointment.
President Trump previously filed a motion to dismiss Jack Smith’s classified documents charges, citing the “unlawful appointment and funding of the Special Counsel.”
The evidentiary hearing is scheduled for June 21:
Last month, Judge Cannon indefinitely postponed the classified documents case after Special Counsel Jack Smith admitted to tampering with evidence.
The judge vacated the May 20, 2024, trial date. It may be several months before Judge Cannon sets a new trial date.
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