Washington — A federal judge in Florida has denied former President Donald Trump’s motion to dismiss the classified documents indictment against him, ruling that the Presidential Records Act (PRA) does not protect Trump from accusations that he allegedly illegally retained information on national defense.
In a brief order issued Thursday, Cannon rejected Trump’s argument that a 1978 recordkeeping law used to manage official White House records during each presidential administration, the Presidential Records Act (PRA) , should prevent the special prosecutor’s case from moving forward.
Special Counsel Jack Smith indicted Trump in a 40-count indictment that includes 32 alleged violations of a national security law known as the Espionage Act, which prohibits poor management of national defense information. The FBI ultimately recovered more than 300 sensitive government documents from Trump’s Mar-a-Lago residence, which prosecutors accused him of illegally keeping.
Trump is accused of illegally retaining 32 of these documents. He has pleaded not guilty and denied any wrongdoing.
The former president’s lawyers argued in their motion earlier this year that the PRA “prevents judicial review” of a president’s record-keeping and that the PRA granted Trump “unchecked discretion” over classified files.
In his order Thursday, Cannon noted that the charges against Trump “make no reference to the Presidential Records Act” and do not rely on the law for any of the offenses Trump is accused of.
“The superseding indictment clarifies the nature of the charges against Defendant Trump in a lengthy indictment containing excerpts of investigative interviews, photographs, and other content,” Cannon wrote. “By accepting as true the allegations in the superseding indictment, the Presidential Records Act does not provide a pretrial basis for dismissal.”
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