In a significant ruling in the classified documents case against Donald Trump and his co-defendants, District Judge Aileen Cannon has denied efforts to dismiss nearly 10 of the 41 charges in the indictment. However, she also delivered a rebuke to prosecutors, siding with Trump’s lawyers by ordering the removal of a paragraph from the indictment.
Cannon agreed with the defense’s argument that some of the language in the indictment was “legally unnecessary.” She ruled to strike a paragraph describing an episode where Trump allegedly showed a classified map to a political organization representative and commented that he should not be showing it.
Prosecutors had defended the inclusion of the paragraph by citing a procedural rule that permits evidence related to uncharged conduct. Cannon countered that such evidence should be scrutinized through pretrial litigation before being allowed in the case.
In her decision, Cannon criticized the prosecutors for their use of a speaking indictment, which provides a detailed narrative beyond the basic legal requirements. She highlighted the potential risks of including extensive narrative accounts in charging documents, especially in high-profile cases.
While Trump and his co-defendants brought up several technical issues with the charges, including claims of duplicity, Judge Cannon concluded that these concerns, even if somewhat confusing, are legally permissible or involve evidentiary challenges not suitable for resolution at this stage.
Cannon assured that there would be no issue as long as the jury is appropriately instructed and presented with clear verdict forms regarding each defendant’s alleged conduct.
