Cannon seemed to invite Trump to raise the argument again at trial, where Jack Smith canā€™t appeal, expert says

U.S. District Judge Aileen Cannon on Thursday rejected one of former President Donald Trumpā€™s motions to dismiss his classified documents case.

Cannon shot down Trumpā€™s motion arguing that the Espionage Act is unconstitutionally vague when applied to a former president.

Cannon after a daylong hearingĀ issued an orderĀ saying some of Trumpā€™s arguments warrant ā€œserious considerationā€ but wrote that no judge has ever found the statute unconstitutional. Cannon said that ā€œrather than prematurely decide now,ā€ she denied the motion so it could be ā€œraised as appropriate in connection with jury-instruction briefing and/or other appropriate motions.ā€

ā€¦

ā€œThe Judgeā€™s ruling was virtually incomprehensible, even to those of us who speak ā€˜legalā€™ as our native language,ā€ former U.S. Attorney Joyce Vance wrote onĀ Substack, calling part of her ruling ā€œdeliberately dumb.ā€

ā€œThe good news here is temporary,ā€ Vance wrote. ā€œItā€™s what Iā€™d call an ugly win for the government. The Judge dismissed the vagueness argumentā€”but just for today. She did it ā€˜without prejudice,ā€™ which means that Trumpā€™s lawyers could raise the argument again later in the case. In fact, the Judge seemed to do just that in her order, essentially inviting the defense to raise the argument again at trial.ā€

  • FiniteBanjo
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    8 months ago

    To clarify for future confused readers, most of us arenā€™t mad that she is denying the motions to dismiss, far from it, but weā€™re mad that she is doing so in a way that allows the defence to use these same ridiculous arguments in court.

    The first request is that the ā€œEspionage Actā€ is too vague to enforce, which is pretty much not how laws work at all. Generally the more vague it is: the more illegal activities fall under it.

    The second request is that the Presidential Records Act allows the Trump Admin to decide which documents were personal at will and therefor gives him complete immunity. Which, again, is pure idiocy, but Judge Canon hasnā€™t even given a ruling on that motion.