The judge overseeing former President Trump's classified documents case on Thursday rejected Trump's bid to dismiss the case based on the Presidential Records Act (PRA).
Why it matters: This is the second time in a matter of weeks that Judge Aileen Cannon has denied one of Trump's motions to dismiss the case.
The big picture: Trump's legal team argued the PRA gave Trump the power to designate presidential documents as personal.
- In a court filing earlier this week, Trump's lawyers wrote the PRA authorized him "to possess a category of documents defined as 'personal records,' both during and after his term in office."
State of play: The PRA requires presidents to return presidential records at the end of their term but allows them to keep personal records, such as diaries or journals, that are not connected to their official duties as president.
- The charges Trump sought to dismiss "make no reference to the Presidential Records Act, nor do they rely on that statute for purposes of stating an offense," Cannon wrote in a court filing Thursday.
- As such, the PRA "does not provide a pre-trial basis to dismiss," she added.
Zoom out: Last month, Cannon asked both the prosecution and defense to prepare potential jury instructions that took the PRA into account.
- Special counsel Jack Smith's team wrote in a court filing Tuesday that Cannon's request was based on a "fundamentally flawed" legal premise.
- The PRA should play no role in the upcoming trial, Smith's team added.
The latest: Yet Smith also requested that if Cannon were to proceed and include the PRA in jury instructions, she ought to inform both parties "well in advance of trial."
- This demand, Cannon wrote in the Thursday filing, is "unprecedented and unjust."
What's next: Trump has pleaded not guilty to all charges in the case.
- The trial was originally scheduled to begin in May, but a delay is expected. Smith has proposed a July 8 start date, but Cannon has yet to set a new date.
Editor's note: This story has been updated with the latest.
