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Judge Removes One Element from Trump’s Indictment in Documents Case

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Federal Judge Strikes Down Part of Indictment in Trump Classified Documents Case

In a recent development in the case involving former President Donald J. Trump and classified documents, Federal Judge Aileen M. Cannon made a significant ruling on Monday. The judge struck down a small but crucial part of the indictment, which involved an incident where Mr. Trump allegedly showed a highly sensitive military map to a close aide after leaving office.

The episode in question took place in August or September 2021 at a meeting at Mr. Trump’s golf course in Bedminster, N.J. Prosecutors claim that during the meeting, Mr. Trump displayed a classified map related to a military operation to a representative of his political action committee, believed to be Susie Wiles. He reportedly told Ms. Wiles that the military campaign was not going well.

While Judge Cannon’s decision technically removed this incident from the charges, prosecutors may still be able to introduce evidence of it at trial. The ruling was seen as a swipe at the prosecutors working for special counsel Jack Smith, who brought the case against Mr. Trump.

Mr. Trump’s lawyers had challenged the inclusion of this episode in the indictment, arguing that it was extraneous and irrelevant. They contended that Mr. Trump had not been formally accused of improperly transmitting classified material, only with illegally retaining it after leaving the White House.

Although Judge Cannon denied the request to dismiss the charges altogether, she agreed with Mr. Trump’s lawyers that much of the language in the indictment, including the map incident, was “legally unnecessary.” She noted the risks that can arise from including extensive narrative accounts in a charging document.

During a hearing in Federal District Court in Fort Pierce, Fla., a deputy prosecutor, Jay I. Bratt, defended the inclusion of the incident as evidence of Mr. Trump’s handling of classified material. Judge Cannon expressed skepticism about this argument, questioning the prosecutor’s use of Rule 404(b) to introduce such evidence in the indictment.

The ruling by Judge Cannon is a significant development in the case, highlighting the legal complexities surrounding the charges against Mr. Trump. As the case progresses, the decision to strike down part of the indictment could have implications for how the prosecution presents its case to the jury.

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