FORT PIERCE, Fla. (NewsNation) — A federal judge will hear arguments Thursday on whether to dismiss the classified documents prosecution of Donald Trump, with his attorneys asserting the former president’s actions were carried out within the scope of his presidential duties.
NewsNation has confirmed Trump will attend the hearing in a Florida federal courtroom.
Trump’s legal team is expected to petition to dismiss the classified document charges against him. The dispute centers on the teams’ interpretation of the Presidential Records Act, which they say gave him the authority to designate the documents as personal and maintain possession of them after his presidency.
Supporters of the former president are expected to gather at the courthouse Thursday morning. There’s a possibility of special counsel Jack Smith being present, who, by contrast, argues the files Trump is charged with possessing are presidential records, not personal ones, and that the statute does not apply to classified and top-secret documents like the ones found at his Mar-a-Lago estate in Florida.
The Presidential Records Act “does not exempt Trump from the criminal law, entitle him to unilaterally declare highly classified presidential records to be personal records, or shield him from criminal investigations — let alone allow him to obstruct a federal investigation with impunity,” prosecutors wrote in a court filing last week.
The former president faces 40 felony charges that accused him of willfully retaining classified documents after he left office, making false statements and obstructing justice.
Trump is expected to be accompanied by his valet and bodyguard Walter Nauta and Mar-a-Largo manager Carlos de Oliveira, who also face charges and have pleaded not guilty.
Thursday’s hearing follows Trump’s appearance two weeks ago, during which his legal team sought to delay the start of the trial. They cited difficulties managing preparation alongside the ongoing New York hush-money criminal case.
The trial in the classified documents case is scheduled to begin May 20, but Judge Aileen Cannon appeared inclined to postpone proceedings.
Prosecutors continue to push for a July start date, while the former president’s team argues that any trial before the election would be unfair.
The Associated Press contributed to this report.
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This image, contained in the indictment against former President Donald Trump, shows boxes of records being stored on the stage in the White and Gold Ballroom at Trump’s Mar-a-Lago estate in Palm Beach, Fla. Trump is facing 37 felony charges related to the mishandling of classified documents according to an indictment unsealed Friday, June 9, 2023. (Justice Department via AP) -
This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and redacted by in part by the FBI, shows a photo of documents seized during the Aug. 8 search by the FBI of former President Donald Trump’s Mar-a-Lago estate in Florida. The Justice Department says it has uncovered efforts to obstruct its investigation into the discovery of classified records at former President Donald Trump’s Florida estate. -
FILE – The indictment against former President Donald Trump is photographed on Friday, June 9, 2023. A pretrial conference Tuesday, July 18, to discuss procedures for handling classified information will represent the first courtroom arguments in the case before U.S. District Judge Aileen Cannon since Trump was indicted five weeks ago. (AP Photo/Jon Elswick, File) -
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. A federal judge is set to hear arguments on whether to dismiss the classified documents prosecution of Donald Trump. 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. (Justice Department via AP) -
Photo of documents in Mar-a-Lago storage room sent by Nauta to a Trump employee. Former President Donald Trump is facing charges in connection with classified documents seized from his Mar-a-Lago home. Photo from Trump indictment. -
Wall of documents in Mar-a-Lago storage room. Former President Donald Trump is facing charges in connection with classified documents seized from his Mar-a-Lago home. Photo from Trump indictment. -
Boxes of documents in a Mar-a-Lago Club storage room. Former President Donald Trump is facing charges in connection with classified documents seized from his Mar-a-Lago home. Photo from Trump indictment. -
Boxes of documents in a Mar-a-Lago Club storage room. Former President Donald Trump is facing charges in connection with classified documents seized from his Mar-a-Lago home. Photo from Trump indictment.