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Former President Donald Trump faced setbacks in two criminal cases involving the Georgia election interference and federal classified documents. Judges rejected his attempts to have the cases thrown out, keeping the possibility of trials before juries alive. Delays have been a key part of Trump’s strategy, and he has had success in prolonging pretrial litigation. The DC case, at one point moving quickly, is on hold as the Supreme Court considers immunity arguments due to Trump’s status as a former president.

In the classified documents case, Trump’s motion to dismiss based on his authority to take classified documents after leaving office was denied by Judge Aileen Cannon. However, she left room for Trump to raise the argument at trial or in pre-trial proceedings. There are still outstanding motions for Cannon to decide in this case. In the Georgia election subversion case, Judge Scott McAfee rejected the argument that Trump’s actions were protected under the First Amendment. The case against Trump moves forward, with a trial potentially in August.

Trump has pleaded not guilty in all four criminal cases against him. In the federal classified documents case, Cannon requested hypothetical jury instructions to consider Trump’s claims of record retention authority under the Presidential Records Act. Prosecutors argued that the PRA was not relevant to the charges and that Trump’s theory was a fiction invented after leaving office. Cannon clarified that her requests for jury instructions did not declare a final definition on any essential element or asserted defense in the case.

The decisions in the Georgia and classified documents cases mark progress in the legal challenges against Trump, despite his efforts to dismiss the charges. The judges’ rulings indicate that the cases may proceed to trial, potentially affecting Trump’s political future as he prepares for the 2024 presidential election. Trump’s attempts to use presidential immunity arguments have not been successful in these cases, with judges refuting his claims of protection under the First Amendment and the Presidential Records Act. The legal battles surrounding Trump’s alleged misconduct continue to unfold as trials loom on the horizon.

Despite facing setbacks in court, Trump and his legal team plan to explore their options and continue to challenge the charges brought against him. The rejection of his motions to dismiss in the Georgia and classified documents cases signals a continued legal battle ahead. Trump’s fellow defendants in these cases may also seek legal recourse as they navigate the criminal proceedings. The ruling by Judge Cannon in the classified documents case highlights the complexity of the legal arguments presented and the ongoing efforts to determine the appropriate course of action in these high-profile cases.

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