'Baseless and untenable': Trump pleads for Mar-a-Lago judge to dismiss charges on eve of discovery hearing
Source: Law & Crime
Mar 13th, 2024, 7:11 pm
Former president Donald Trump on Wednesday filed long-anticipated reply briefs arguing why the charges against him should be dismissed in the Mar-a-Lago classified documents case. In two separate filings, attorneys representing the 45th president again asked U.S. District Judge Aileen Cannon to drop the charges.
The briefs direct their focus on recent arguments against dismissal made by special counsel Jack Smith and come on the eve of a hearing in southern Florida dedicated to hashing out those issues.
Unconstitutional Vagueness
In their February motion to dismiss on vagueness, defense lawyers argued 18 USC § 793(e) the Espionage Act statute, which forms the basis of the first 32 counts in the superseding indictment has long been considered somewhat legally problematic, resulting in numerous courts that have endeavored to save the statute. Those claims are unfounded, Smith argued in the governments opposition motion last week.
Trumps Wednesday filing accuses the government of conceding that judicial gloss is necessary to make the Espionage Act claims work against the former president. The defense claims this is little more than evidence that prior courts have gone beyond the text of the law to save statutes that Congress should have written more clearly.
Read more: https://lawandcrime.com/high-profile/baseless-and-untenable-trump-pleads-for-mar-a-lago-judge-to-dismiss-charges-on-eve-of-discovery-hearing/
Links to court filings (PDF) -
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.398.0.pdf
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.399.0.pdf
Comfortably_Numb
(3,809 posts)not a legitimate judge. She just needs to screw up enough to get this appealed up to the 11th circuit so they can kneecap her and send her back to obscurity. Sickening partisan hack.
MOMFUDSKI
(5,546 posts)We must save us. It is a battle we find ourselves in.
TwilightZone
(25,471 posts)Keeping him out of office in November was always going to be the most-likely and primary option.
The legal system may eventually catch up with him, but we'll more than likely need to keep him out of office first, the way things are looking now.
slightlv
(2,810 posts)is the exact opposite of what the PRA actually denotes! He can read things backwards, forwards, and sideways for all I care, but the words mean what the say. If this was anybody but Cannon, I'd say he doesn't have a leg to stand on. However, I'm afraid Cannon will offer up one of her own to him.
Hopefully this will be such a dumb, error ridden judicial decision it'll finally cause the 11th circuit to kick her off the case... if not out of court and back into law school!
liberalgunwilltravel
(326 posts)The court denies the defendants motion to dismiss and orders the be defendant summarily executed at dawn.
/fever dream/
lark
(23,102 posts)Reality is her dismissing the case and it being hauled up to the 11th on appeal along with a request for a new judge.
twodogsbarking
(9,754 posts)republianmushroom
(13,595 posts)Brainfodder
(6,423 posts)TOTALLY!
Yo_Mama_Been_Loggin
(108,001 posts)FORT PIERCE, Fla. Presumptive GOP presidential nominee Donald Trump listened carefully in court Thursday as his lawyers tried to convince a federal judge that the laws about classified documents are so vaguely worded, the criminal charges against him should be dismissed.
U.S. District Judge Aileen M. Cannon heard two hours of legal jousting between prosecutor Jay Bratt and defense lawyer Emil Bove, who argued the language of the World War I-era Espionage Act that Trump is charged with breaking is too unclear to be the basis of an indictment against the 45th president of the United States. For most of the morning session, Cannon seemed to take the argument seriously. Toward the end, however, she hinted at an underlying skepticism toward Trumps request.
You would agree that declaring a statute is unconstitutionally vague is quite an extraordinary step? Cannon asked Bove.
As a judge overseeing the first-of-its kind case, in which a former president is charged with dozens of counts of violating national security laws by stashing classified documents at his home after he left the White House, Cannon has been careful not to say too much about her thinking in these pretrial hearings.
https://wapo.st/3v8cwWX
The dotard wants to toss out a statute that's over 100 years old.
BumRushDaShow
(129,049 posts)and there are 3 "mishandling classified documents" cases in the news right now!
Pentagon leaker Jack Teixeira agrees to accept 16-year prison sentence
Air Force employee accused of sharing classified information on foreign dating website
Army intelligence analyst charged with selling military secrets to contact in China for $42,000