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Judges deny Trump’s bids to dismiss election interference and classified documents charges

Apr 5

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Donald Trump faced two legal defeats Thursday, April 4, as judges in Florida and Georgia dismissed his efforts to drop charges related to his attempts to overturn the 2020 election results and his retention of classified documents post-presidency. Amid his campaign against President Joe Biden for the Nov. 5 election, these are among the legal battles Trump confronts, including four criminal indictments.

In Florida, Judge Aileen Cannon denied Trump’s claim that classified documents held at Mar-a-Lago were personal, not government property. In Georgia, charges of election interference remain, as Fulton County Superior Court Judge Scott McAfee ruled a statements alleged in the indictment weren’t protected by free speech rights.

Charges against Trump “make no reference to the Presidential Records Act, nor do they rely on that statute for purposes of stating an offense,” U.S. District Judge Aileen Cannon wrote. “For these reasons, accepting the allegations of the Superseding Indictment as true, the Presidential Records Act does not provide a pre-trial basis to dismiss.”

Awaiting a Supreme Court hearing on presidential immunity, Trump has delayed three of the four criminal cases. Judge Cannon, whom Trump appointed, suggested the May 20 trial date might be delayed, requesting both parties to propose new potential dates. Trump continues to claim the charges are politically motivated.

In Georgia, McAfee refuted Trump and co-defendants’ argument that their actions were protected political speech, stating the indicted conduct, including making false claims and trying to certify alternate electors, wasn’t covered by constitutional protections. All defendants, including Rudy Giuliani and John Eastman, pleaded not guilty.

“President Trump and other defendants respectfully disagree with Judge McAfee’s order and will continue to evaluate their options regarding the First Amendment challenges,” said Steve Sadow, a lawyer representing Trump.

The first trial against a former or sitting U.S. president is set for April 15 in New York.

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[LAUREN TAYLOR]

DONALD TRUMP FACED TWO LEGAL SETBACKS ON THURSDAY — WITH JUDGES REJECTING ATTEMPTS TO DISMISS CHARGES RELATED TO HIS EFFORTS TO OVERTURN THE 2020 GEORGIA ELECTION RESULTS — AND HIS HANDLING OF CLASSIFIED DOCUMENTS AFTER HIS PRESIDENCY.

IN FLORIDA, A JUDGE DISMISSED TRUMP’S CLAIM THAT CLASSIFIED DOCUMENTS AT MAR-A-LAGO WERE PERSONAL — RULING THE PRESIDENTIAL RECORDS ACT DOES NOT PROTECT HIM FROM THE CHARGES.

IN GEORGIA, A JUDGE DENIED TRUMP’S BID TO DROP ELECTION INTERFERENCE CHARGES ON FIRST AMENDMENT GROUNDS — RULING THE STATEMENTS ALLEGED IN THE INDICTMENT FILED BY THE FULTON COUNTY D-A — WERE NOT PROTECTED BY FREE SPEECH RIGHTS.

TRUMP HAS PLEADED NOT GUILTY TO ALL CHARGES.

THESE ARE AMONG MULTIPLE LEGAL CHALLENGES TRUMP IS FACING.

THE FIRST-EVER TRIAL AGAINST A FORMER U.S. PRESIDENT IS SET TO BEGIN IN NEW YORK ON APRIL 15.