Federal Judge rules Espionage Act clear, shoots down Donald Trump's bid to evade charges

Despite efforts to dismiss the case, a federal judge has ruled against Donald Trump.

The federal judge currently presiding over the case of Donald Trump, accused of retaining classified documents, has outright dismissed all attempts by the defendant's legal team to have the case dismissed on the basis that the underlying law was vague. It appears that the trial jury will have an opportunity to determine the exact issue.

Donald Trump’s presidential records act defence fails to sway federal judge (AP Photo/Mike Stewart)(AP)

The defence contended that the Espionage Act, which Trump is facing the charges of retaining classified information, had vague language. Cannon, a Trump appointee, presided and heard the daylong hearing at the federal courthouse in Fort Pierce, Florida. However, the judge expressed his scepticism about the arguments offered by the defence.

The defence’s motion to dismiss centred on two main arguments: claims of vague use of the Espionage Act and a call based on the Presidents’ Records Act.

Trump’s motion to dismiss listened and discarded

Trump’s attorneys argued that the Espionage Act lacked clearly established criteria, making it unclear how the retention of classified files by a former president should be dealt with. Moreover, they mentioned that either the Presidential Records Act permitted Trump because he was the president, or it didn't exist at all. So, the Trump team could categorize classified documents as personal documents and then keep them at his residence in Mar-a-Lago.

However, Judge Cannon was unconvinced by these arguments. In her two-page ruling issued shortly after the hearing concluded, she specifically denied the motion regarding the vagueness of the Espionage Act. She also indicated that the claim involving the Presidential Records Act is likely to be denied, as classified documents are considered property of the U.S. government. Judge Cannon found it “difficult to see” how Trump’s assertion that he converted the documents into personal records could lead to dismissing the indictment.

The former president's motions have largely been viewed as an attempt to evade accountability for possessing materials identified by prosecutors as related to U.S. nuclear weapons capabilities and for hindering the government’s efforts to retrieve the documents, including responding to a grand jury subpoena.

Beyond the arguments about the vagueness of the law and the Presidential Records Act, Trump has also claimed presidential immunity, asserting that his supposed conversion of classified records to personal records was an official act of his presidency. Other filings by Trump include allegations that the appointment of Special Counsel Jack Smith was illegal and that the charges related to retaining nuclear secrets should be dismissed because his “Q” clearance was not formally cancelled until after his indictment.

When will the trial date be set?

Judge Cannon has not provided any indication of the timeline for the trial. In a previous hearing, she deemed the prosecutors’ proposed schedule, which aimed for a July trial, to be impractical.