WASHINGTON: A federal judge on Thursday dismissed former President Donald Trump’s bid to throw out a case alleging he mishandled classified documents.
The court set-aside defense arguments that an old law allowed the former president to retain the sensitive documents after he left his office.
His counsel argued that the papers were considered personal asset under the Presidential Records Act.
U.S. District Judge Aileen Cannon ruled that the charges against Trump make no reference to the Presidential Records Act.
The judge heard arguments on the dispute last month and allowed the case to proceed in a three-page order that dismissed the Trump team claims.
Cannon had asked both sides to address the matter that the national security documents could be considered as personal asset in jury instructions.
The team of special counsel Jack Smith, during the hearing argued that Trump’s plea was fundamentally flawed.
The judge observed that under the Presidential Records Act the president has to return all presidential records at the end of the term. However, a president can keep his highly personal information, such as diaries, medical records and journals.
The trial is scheduled to start by May 20, but the judge has repeatedly hinted that the date would be pushed back and asked both sides to submit new dates. Both sides did so in late February, but Cannon has yet to rule on the matter.
Trump faces multiple charges in the classified documents case, including false statements, willful retention of national defense information, conspiracy to obstruct justice, withholding a document or concealing a document corruptly.