Judge denies one of Trump’s motions to dismiss documents case

Republican presidential candidate former President Donald Trump arrives at a campaign rally, Mar. 9, 2024, in Rome Ga.based on unconstitutional vagueness, one of the two motions -- the other being his protection under the Presidential Records Act -- that his lawyers used to argue dismissing the case.

She has not yet issued a ruling on Trump’s other motion to dismiss that lawyers also argued during today’s hearing. Discussing unconstitutional vagueness, Cannon also said she was skeptical of dismissing Trump's classified documents case on that motion, describing the request as "quite an extraordinary step."At one point, Cannon asked special counsel prosecutor Jay Bratt if any "high ranking official" including a president or vice president has been charged with mishandling classified documents.

Defense attorney Todd Blanche argued that Trump had the authority to designate his records as personal – rather than presidential -- before he removed documents from the White House. According to Blanche, Trump's actions aligned with longstanding approach taken by past presidents. MORE: Special counsel pushes back on Trump's 'frivolous' efforts to dismiss his classified documents case

Enacted in the years following the Watergate scandal -- when lawmakers feared President Richard Nixon might destroy records upon leaving office -- the 1978 Presidential Records Act governs the ownership and preservation of presidential records. "DOJ and NARA have adopted this position with respect to government officials whose last name is not Trump," the filing said regarding the Justice Department and the National Archives and Records Administration.

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