A federal judge will not dismiss the classified documents charges former President Donald Trump based on his theory that he had the authority to take classified or sensitive documents with him after he left the White House.

From Cannon’s “ORDER DENYING DEFENDANT TRUMP’S MOTION TO DISMISS SUPERSEDING INDICTMENT BASED ON PRESIDENTIAL RECORDS ACT”

Separately, to the extent the Special Counsel demands an anticipatory finalization of jury instructions prior to trial, prior to a charge conference, and prior to the presentation of trial defenses and evidence, the Court declines that demand as unprecedented and unjust [see ECF No. 428]. The Court’s Order soliciting preliminary draft instructions on certain counts should not be misconstrued as declaring a final definition on any essential element or asserted defense in this case. Nor should it be interpreted as anything other than what it was: a genuine attempt, in the context of the upcoming trial, to better understand the parties’ competing positions and the questions to be submitted to the jury in this complex case of first impression. As always, any party remains free to avail itself of whatever appellate options it sees fit to invoke, as permitted by law.

  • azimir@lemmy.ml
    87·
    8 months ago

    She’s decided to get to the stage with a jury, attach jeopardy, and then immediately dismiss the case on BS grounds. Because jeopardy was attached (the case was tried, even if in a perfunctory and illegitimate manner), then you can’t charge the defendant with the same crime again. This way, she can essentially discharge the crimes permanently.

    That does mean she needs to actually get to the trial stage of things. It also means she can use the trial scheduling to keep tripping up the other trials for his crimes in other jurisdictions as she moves her trial dates around to block progress by other judges. She’s actively trying to undermine the judiciary, the rule of law, and protect an enemy of the republic.