On Thursday, Donald Trump made his way to a federal courthouse in Florida for a pivotal hearing. The session was set to deliberate on the possibility of dismissing the criminal allegations against the former president, which claim he unlawfully retained classified documents at his Mar-a-Lago residence post-presidency.
Escorted by a motorcade, the leading Republican candidate for the 2024 presidential race arrived at the venue where U.S. District Judge Aileen Cannon, a Trump appointee, presided over the proceedings.
At the heart of the legal battle is the interpretation of the Presidential Records Act. Trump’s defense argues that the Act empowered him to classify the disputed documents as personal, thereby justifying their retention after his term ended.
Conversely, Special Counsel Jack Smith’s team contends that the documents in question are presidential records, not personal ones, and that the Act does not cover classified and top-secret documents, such as those found at Mar-a-Lago.
Prosecutors have firmly stated that the Presidential Records Act does not shield Trump from criminal law, nor does it permit him to unilaterally declare classified records as personal to evade criminal investigations or obstruct justice.
The decision from Judge Cannon remains pending, and its outcome will critically influence whether the case advances to trial or is dismissed, as Trump’s legal team hopes—a rare judicial move.
Additionally, Cannon is slated to review a separate motion from Trump’s team, which challenges the constitutionality of the statute underlying most of the criminal charges against him, arguing it is too vague, especially in relation to a former president.
The defense’s reliance on the Presidential Records Act is unsurprising, given its frequent invocation since the FBI’s 2022 search of Mar-a-Lago. This law mandates that presidents transfer their official records to the National Archives upon leaving office, though they can keep personal records.
Trump’s attorneys maintain that he had rightfully designated the records he took to Mar-a-Lago as personal, despite allegations from prosecutors that these included highly sensitive information on national security.
Judge Cannon has previously indicated that Trump’s unique status as a former president might differentiate him from others accused of retaining classified records.
Following a lawsuit from Trump’s team against the Justice Department to recover his records, Cannon appointed a special master for an independent review of the documents seized during the FBI’s search—a decision later overturned by an appeals court.
In a recent ruling that favored Smith’s team on a procedural matter, Cannon nevertheless highlighted the unprecedented nature of prosecuting a former president, who had been the nation’s chief authority on classified documents.
Trump is facing 40 felony charges in Florida, accused of willfully keeping classified documents and ignoring government requests for their return. Prosecutors aim to demonstrate the extent of Trump’s alleged criminal behavior, unprecedented in American history.
Among the allegations are that Trump deliberately retained highly sensitive documents, only returning some upon the National Archives’ request, and instructed his lawyer to conceal records and mislead the FBI about their possession. He is also accused of directing staff to erase surveillance footage showing the movement of document boxes at Mar-a-Lago.
This hearing marks the second this month in Florida, one of four legal battles Trump faces as he aims for a presidential comeback. While a trial date discussion took place on March 1, Judge Cannon has yet to issue a ruling, with both parties suggesting summer dates for the trial’s commencement.