TeamDML offers insights, opinions, podcasts, videos and other forms of content intended to educate and better explain trending news that is made available to the public by third parties. In this particular case, we refer to an excerpt from Fox News:
US District Court Judge Aileen Cannon on Thursday dismissed former President Trump’s motion to dismiss charges of retaining classified documents on the grounds of “unconstitutional vagueness.”
This is only one of two motions from Trump’s legal team. The judge has not ruled on the other motion to dismiss based on the Presidential Records Act.
Defense attorney Todd Blanche argued earlier that the Trump position is that the Presidential Records Act gives the president the authority to retain documents he sees fit, and essentially take them home or out of the White House, and if that’s accurate, that alone is “fatal” to Special Counsel Jack Smith’s indictment.
Again, Fox News noted: This is only one of two motions from Trump’s legal team. The judge has not ruled on the other motion to dismiss based on the Presidential Records Act.
Julie Kelly of Real Clear Investigations announced: “As expected, Judge Cannon just denied Trump’s motion to dismiss on unconstitutional vagueness of Espionage Act motion, one of two motions debated today. She repeatedly asked whether some of the unclear definitions instead should be resolved in jury instructions.”
NEW: As expected, Judge Cannon just denied Trump’s motion to dismiss on unconstitutional vagueness of Espionage Act motion, one of two motions debated today.
She repeatedly asked whether some of the unclear definitions instead should be resolved in jury instructions pic.twitter.com/068JhzKgcx
— Julie Kelly (@julie_kelly2) March 14, 2024
Judicial Watch president Tom Fitton shared the text of Judge Cannon’s decision:
Judge Cannon just denied for now (“without prejudice”) President Trump’s request to dismiss charges based on “unconstitutional vagueness.” The Court ruled Trump might be able to raise the issue again later in the proceedings:
ORDER DENYING WITHOUT PREJUDICE DEFENDANT TRUMP’S MOTION
TO DISMISS COUNTS 1–32 BASED ON UNCONSTITUTIONAL VAGUENESSTHIS CAUSE comes before the Court upon Defendant Trump’s Motion to Dismiss Counts 1 through 32 Based on Unconstitutional Vagueness (the “Motion”), filed on February 22, 2024 [ECF No. 325]. The Special Counsel filed a Response in Opposition [ECF No. 377], to which Defendant Trump filed a Reply [ECF No. 398]. The Court heard argument on the Motion on March 14, 2024 [ECF No. 401]. Upon careful review of the Motion, related filings, and the arguments raised during the hearing, Defendant’s Motion is DENIED WITHOUT PREJUDICE.
Defendant Trump seeks dismissal of Counts 1 through 32 of the Superseding Indictment on the ground that the statutory phrases “unauthorized possession,” “relating to the national defense,” and “entitled to receive” appearing in 18 U.S.C. § 793(e) are unconstitutionally vague as applied under the facts presented, in violation of due process and the rule of lenity. Although the Motion raises various arguments warranting serious consideration, the Court ultimately determines, following lengthy oral argument, that resolution of the overall question presented depends too greatly on contested instructional questions about still-fluctuating definitions of statutory terms/phrases as charged, along with at least some disputed factual issues as raised in the Motion. For that reason, rather than prematurely decide now whether application of 18 U.S.C. § 793(e) in these circumstances yields unsalvageable vagueness despite the asserted judicial glosses, the Court elects to deny the Motion without prejudice, to be raised as appropriate in connection with jury-instruction briefing and/or other appropriate motions.
Accordingly, it is hereby ORDERED AND ADJUDGED that Defendant Trump’s Motion to Dismiss Counts 1 through 32 Based on Unconstitutional Vagueness [ECF No. 325] is DENIED WITHOUT PREJUDICE. DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 14th day of March 2024.
AILEEN M. CANNON
UNITED STATES DISTRICT JUDGE
Biden had documents for 50 years “ILLEGALLY”
WTF
JUSTICE SYSTEM IS USED
AS WARFARE against Trump.Trump Florida Judge Cannon denies Trump dismissal on ‘unconstitutional vagueness’https://t.co/N3B6lMR983
— Bearcat (@roybearcat) March 14, 2024
A crowd of Trump supporters showed up in Fort Pierce, Florida Thursday morning, as Trump arrived for the hearing.
Trump thanked them later in a Truth Social post, writing, “Big crowds in Fort Pierce, Florida, for the Biden induced Witch Hunt against his political opponent, ME! Thank you, a great honor to have you there. Such a thing has never happened in our Country before – Strictly Third World. BUT, WE WILL MAKE AMERICA GREAT AGAIN!”
To get more information about this article, please visit Fox News. To weigh in, leave a comment below.
The post BREAKING: Judge issues ruling on FIRST motion shortly after Trump lawyers argue for dismissal in documents case appeared first on Dennis Michael Lynch.
Click this link for the original source of this article.
Author: Online
This content is courtesy of, and owned and copyrighted by, https://dennismichaellynch.com and its author. This content is made available by use of the public RSS feed offered by the host site and is used for educational purposes only. If you are the author or represent the host site and would like this content removed now and in the future, please contact USSANews.com using the email address in the Contact page found in the website menu.