Pictured: Boxes of records stored in a bathroom and shower in the Lake Room at Trump’s Mar-a-Lago estate in Palm Beach, Fla.
Special counsel Jack Smith has been leading two federal probes related to Trump, both of which have resulted in charges against the former president.
The first charges to result from those investigations came in June when Trump was indicted for mishandling top secret documents at his Florida estate. The indictment alleges that Trump repeatedly enlisted aides and lawyers to help him hide records demanded by investigators and cavalierly showed off a Pentagon “plan of attack” and classified map.
A superseding indictment issued in July added charges accusing Trump of asking for surveillance footage at his Mar-a-Lago estate to be deleted after FBI and Justice Department investigators visited in June 2022 to collect classified documents he took with him after leaving the White House. The new indictment also charges him with illegally holding onto a document he’s alleged to have shown off to visitors in New Jersey.
In all, Trump faces 40 felony charges in the classified documents case. The most serious charge carries a penalty of up to 20 years in prison.
U.S. District Judge Aileen Cannon in April refused to throw out the prosecution, turning aside defense arguments that a decades-old law permitted the former president to retain the sensitive records after he left office.
Lawyers for Trump had cited a 1978 statute known as the Presidential Records Act in demanding that the case, one of four against the presumptive Republican nominee, be tossed out before trial. That law requires presidents upon leaving office to turn over presidential records to the federal government but permits them to retain purely personal papers. Trump’s lawyers have said he designated the records as personal, making them his own property, and that that decision can not be second-guessed in court.
Cannon permitted the case to proceed in a three-page order that rejected the Trump team claims. She wrote that the indictment makes “no reference to the Presidential Records Act" nor does it “rely on that statute for purposes of stating an offense.” The act, she said, ”does not provide a pre-trial basis to dismiss" the case.
The ruling was the second time in three weeks that Cannon rebuffed defense efforts to derail the case.
Walt Nauta, a valet for Trump, and Carlos De Oliveira, the property manager at Trump’s Florida estate, have also been charged in the case with scheming to conceal surveillance footage from federal investigators and lying about it.
Trump, Nauta and De Oliveira have pleaded not guilty. Lawyers for Nauta and De Oliveira asked U.S. District Judge Aileen Cannon in April to throw out the charges they face. The judge did not immediately rule.
Charles
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April 30, 2024 at 10:18AM
