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Criminal

Apr. 11, 2024

Trump’s mishandling of classified documents case mired in pretrial motions

The case is stalled due to unresolved pretrial motions, which are aimed at delaying the trial until after the 2024 election and could be dismissed due to the Presidential Records Act or wrongful jury instructions, which would prevent Trump from being retried for the same crime.

John H. Minan

Emeritus Professor of Law, University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

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The Government’s criminal charges against former President Donald Trump for mishandling classified documents and obstructing their return is bogged down with numerous unresolved and dubious pretrial motions simply designed to delay the case until after the 2024 election. (U.S. v Trump et al., Case No. 23-80101-CR-Cannon).

The indictment charges Trump with retaining government documents containing national secur...

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