This image, contained in the indictment against former President Donald Trump, shows boxes of records stored in a bathroom and shower in the Lake Room at Trump's Mar-a-Lago estate in Palm Beach, Fla. His lawyers say the former president was entitled under the Presidential Records Act to keep the sensitive documents with him when he left the White House and headed to Florida.
Cannon, who was nominated to the bench by Trump, is also expected to hear arguments Thursday on a separate but related Trump team motion that says the statute that forms the bulk of the criminal charges — making it a crime to willfully retain national defense information — is unconstitutionally vague as it applies to a former president.
Trump's lawyers have said that he designated as personal property the records he took with him to Mar-a-Lago, which prosecutors say included top-secret information and documents related to nuclear programs and the military capabilities of the U.S. and foreign adversaries. Trump faces 40 felony counts in Florida that accuse him of willfully retaining dozens of classified documents and rebuffing government demands to give them back after he left the White House. Prosecutors in recent court filings have stressed the scope of criminal conduct that they say they expect to prove at trial, saying in one that “there has never been a case in American history in which a former official has engaged in conduct remotely similar to Trump’s.
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