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Trump Faces Setbacks in Legal Battles as Judges Reject Dismissal Bids

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Trump Faces Setbacks in Legal Battles as Judges Reject Dismissal Bids

Edited by: TJVNews.com

Former President Donald Trump encountered significant setbacks in his legal battles on Thursday, as judges overseeing cases related to election interference in Georgia and handling of classified documents at the federal level rejected his attempts to have the charges dismissed, according to a CNN report on Thursday. These developments mark a blow to Trump’s efforts to halt the criminal proceedings against him as he navigates multiple legal challenges.

In the Georgia election interference case, where Trump faces allegations brought by Fulton County District Attorney Fani Willis, the judge refused to grant Trump’s motion to dismiss the charges. Similarly, in the federal classified documents case overseen by special counsel Jack Smith, the judge rejected Trump’s bid for dismissal, as was reported by CNN. However, both judges have yet to rule on other requests made by Trump regarding the dismissal of these cases, leaving the possibility of future trials open.

Despite these setbacks, the path forward for the prosecutions against Trump remains uncertain. While the trial for the hush money case related to the 2016 campaign in New York is slated to begin this month, the timeline for the other cases remains unresolved. As was revealed in the CNN report, this includes the federal election subversion case filed in Washington, D.C., by the special counsel, which faces delays as the Supreme Court deliberates on whether Trump’s status as a former president grants him immunity from criminal charges.

Delay tactics have been a cornerstone of Trump’s legal strategy, and he has seen success in prolonging pretrial litigation in the cases against him. Even the D.C. case, initially progressing swiftly, is now on hold pending the Supreme Court’s decision on presidential immunity, according to the information provided in the CNN report. Trump has invoked similar immunity arguments in the Georgia and classified documents cases, maintaining his plea of not guilty across all four criminal proceedings.

US District Judge Aileen Cannon declined Trump’s request to dismiss the classified documents case against him. The case, unfolding in south Florida, centers on Trump’s alleged mishandling of classified or sensitive documents after leaving the White House, the CNN report said.

Judge Cannon’s decision, delivered on Thursday, rejected Trump’s argument that he had the authority to retain classified documents upon exiting the presidency. The CNN report noted that while the ruling did not delve into the merits of Trump’s claims under the Presidential Records Act, it kept the door open for Trump to utilize this defense during trial or other pre-trial proceedings.

Despite being appointed by Trump, Judge Cannon found that his attorneys failed to meet the legal standard required to dismiss the charges. Notably, the judge highlighted that the prosecutors did not invoke the Presidential Records Act in the indictment against Trump or rely on it to bring charges against him, as was indicated in the CNN report.

Additionally, Judge Cannon pushed back against a request from the special counsel to issue a final ruling on whether Trump’s theory regarding the Presidential Records Act could be included in jury instructions for a potential trial. According to CNN, she deemed this request “unprecedented and unjust,” indicating her reluctance to make such a decision prematurely.

In a significant legal development, Fulton County Superior Court Judge Scott McAfee dismissed the argument that former President Donald Trump’s alleged efforts to overturn the 2020 election in Georgia were protected under the First Amendment. This decision marks a pivotal step forward in the state racketeering case against Trump, as well as 14 other co-defendants.

Judge McAfee’s ruling, issued in the Atlanta-area court, firmly stated that the defense failed to provide any legal authority demonstrating that Trump’s speech and conduct, as alleged, constituted protected political speech, as per the CNN report. McAfee emphasized that the court could not find any basis for considering Trump’s actions as protected under the First Amendment.

This ruling represents a blow to Trump’s defense strategy, which has attempted to invoke free speech protections to shield his actions related to the 2020 election. CNN said that despite McAfee’s decision, the trial date for Trump and his co-defendants in Georgia has yet to be set, although District Attorney Fani Willis has indicated readiness to proceed as early as August.

The rejection of the First Amendment defense by McAfee aligns with a broader trend observed in pretrial proceedings of election meddling cases, where similar arguments have consistently fallen short. The CNN report pointed out that McAfee’s order highlights that the alleged expressions and speech by the defendants are believed to have been made in furtherance of criminal activity, constituting false statements intended to deceive and harm the government.

Furthermore, McAfee’s refusal to dismiss the indictment underscores the gravity of the charges against Trump and his co-defendants, suggesting that the court views the allegations as serious and worthy of trial. Additionally, CNN said that the decision comes amidst discussions among some of Trump’s fellow defendants regarding the possibility of seeking a gag order against District Attorney Willis, following her public comments about the case.

In the federal election interference case in Washington, DC, brought by the special counsel, Judge Tanya Chutkan also rebuffed arguments suggesting that Trump’s conduct constituted protected political speech.

This latest ruling represents a setback for Trump and his co-defendants in the Georgia case. CNN reported that the Fulton County district attorney’s office declined to comment on McAfee’s order, signaling the ongoing intensity of legal proceedings.

Responding to the ruling, Trump’s lawyer in Georgia, Steve Sadow, expressed disagreement with the decision and stated that Trump and his co-defendants would explore their legal options. Sadow highlighted the court’s acknowledgment that the defendants could raise further challenges after the establishment of a factual record, suggesting potential avenues for future legal action.

 

 

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