Judge Erin Cannon on Monday denied Trump’s motion to dismiss some of the charges in the Jack Smith classified documents case.
President Trump and his co-defendant Walter Nota filed motions to dismiss charges related to obstruction of justice and making false statements.
Cannon denied the motion but struck out a paragraph from Jack Smith’s superseding indictment.
This is the passage that Cannon deleted from Smith’s indictment. She called Smith’s reasons for including the incident in the indictment “inappropriate.” pic.twitter.com/h1YZMyujzI
— Julie Kelly (@julie_kelly2) June 10, 2024
Fox News:
The federal judge presiding over the classified documents case against former President Trump has denied a motion to dismiss some of the charges in the indictment.
Trump’s legal team is seeking to overturn more than six of the 41 counts in the indictment, which accuses the former commander-in-chief of illegally hoarding classified documents from his presidential term and conspiring with others to conceal sensitive documents from the federal government.
The defendants challenged charges related to obstruction of justice and making false statements, but U.S. District Judge Aileen Cannon issued an order on Monday saying that “the deficiencies discovered, even if they produced some of the disputed confusion, are either allowed, or it raises an evidentiary challenge that is not appropriate to deal with at the time of processing”. At this juncture, and/or even if technically deficient, dismissal is not required so long as the jury is properly instructed and provided with an appropriate verdict form for each defendant’s alleged conduct.
Judge Erin Cannon will hold an expanded hearing on the validity of Jack Smith’s appointment as special prosecutor.
President Trump previously filed a motion to dismiss the secret documents charges against Jack Smith on the grounds that the “special counsel was unlawfully appointed and funded.”
An evidentiary hearing is scheduled for June 21.
Judge Cannon indefinitely postponed the classified documents case last month after special prosecutor Jack Smith admitted tampering with evidence.
The judge canceled the trial date of May 20, 2024. It could take several months before Judge Cannon sets a new trial date.
Jack Smith admitted that the FBI messed with boxes containing “classified” documents seized from Trump and could not determine their order or location.
The Justice Department previously assured the court that the placement of confidential documents at first Discovery has been maintained – they lied!
In August 2022, the Justice Department lied to the court, claiming that the red, blue and yellow tables shown in viral photos of classified documents indicated their classified status.
FBI admits they messed up Trump documents! The FBI uses covers as placeholders for classified documents.
