New motions to dismiss classified documents case revealed in latest unsealing

 May 23, 2024

Former President Donald Trump and his lawyers have scored a number of unexpected legal victories regarding many of the charges he faces, and there could be more to come.

According to reports, unsealed motions in the currently delayed classified documents probe shed new light on attempts by Trump and his lawyers to have the case tossed completely.

The motions, which were filed months ago and described by the report as "long-shots," seek to have the case dismissed "because the government relied on improper investigatory tactics."

The motions were unsealed by the judge on Tuesday along with responses from Special Counsel Jack Smith's prosecutors, who argued that the motions lacked merit.

"This case has been investigated and prosecuted in full compliance with all applicable constitutional provisions, statutes, rules, regulations, and policies,” the prosecutors said in response. "There has been no prosecutorial misconduct, and his motion should be denied."

Judge Aileen Cannon has been widely criticized by Trump's critics for at least slightly favoring the former president, at least in the sense that she continues to entertain motions to dismiss that create a backlog, delaying trial proceedings even more so than they already are.

Last month, Cannon sent shockwaves through the headlines after she delayed the classified documents trial "indefinitely" while several appeals play out at various levels of the court, including the immunity question currently being considered by the U.S. Supreme Court.

She indicated that she also needed extra time to sort through a number of pretrial motions "and complicated issues involving presenting highly classified evidence to a jury."

The outlet noted:

Legal experts say Cannon has let decisions on these dismissal requests and other motions pile up, delaying the trial, and that her decision to schedule the hearings suggests that she is at least entertaining requests that seem to be without legal merit.

The judge has reportedly not scheduled hearings on the newly unsealed motions to dismiss the case, and it was noted that she's not required to.

Included in the hundreds of unsealed documents and attachments was another bombshell regarding the FBI's use of "deadly force" during the Mar-a-Lago documents raid, Fox News reported.

Fox News noted:

The order, according to a court filing, contained a "Policy Statement" regarding "Use of Deadly Force," which stated, for example, "Law Enforcement officers of the Department of Justice may use deadly force when necessary."

The Justice Department responded to the firestorm that statement created, essentially saying it was standard policy language used in such documents. The outlet noted that the same language was included on documents pertaining to the raid of President Joe Biden's Delaware home.

Only time will tell where the classified documents case is going. So far, it's not looking great for Smith and his team.