Trump in Florida federal court today as his lawyers argue a motion to dismiss the first 32 counts of Florida....basically every charge about retaining documents.
The main thing to discuss is the Presidential Records Act.
Trump's lawyers boldly argued that the PRA gave Trump “virtually unreviewable Article II executive authority to designate the records as personal when, as alleged in the Superseding Indictment, he ’caused’ the materials to be transported out of the White House while he was still in office.”
Smith has countered by saying Trump simply had no such unilateral authority under the PRA.
But Charge 19 deals with Q clearance.
In their February motion to dismiss on grounds of unconstitutional vagueness, Trump lawyers argued the nineteenth willful retention of national defense information count, relating to an “Undated document concerning nuclear weaponry of the United States,” could not stand. They said the special counsel handed them Department of Energy records “indicating that President Trump maintained the ‘Q’ clearance that is relevant to the document charged.”
In his opposition, Smith called the “Q clearance” argument meritless because discovery actually shows the “Q clearance” went away “as a matter of law” when Joe Biden was inaugurated as president.
One of the motions was denied
Judge Cannon has DENIED trump's motion to dismiss counts 1-32 on "constitutional vagueness
https://t.co/jHUTVu7Ex9
The judge basically denied without prejudice, dismissing the counts and said this is more like something you could raise that trial with jury instructions.
No mention at all was made of count 19 or Q clearance. It It could be that will be in another ruling.
She also has to rule on the presidential records act argument.