Former President Donald Trump faced setbacks in two criminal cases on Thursday as judges rejected his bids to have the cases thrown out. The judges have yet to decide on other requests from Trump seeking dismissal of the cases brought against him by Fulton County District Attorney Fani Willis and special counsel Jack Smith. Trump is facing criminal prosecutions in Georgia, federal classified documents case, the 2016 campaign hush money case in New York, and a federal election subversion case in Washington, DC.
While delays have been a key part of Trump’s strategy, the prospect of these cases eventually going before juries remains alive. The DC case is on hold as the Supreme Court considers Trump’s immunity arguments as a former president. Trump has pleaded not guilty in all four criminal cases and has made presidential immunity arguments in the Georgia and classified documents cases. Despite these setbacks, the likelihood of the cases going to trial before the November election remains uncertain, with several outstanding motions in both cases yet to be decided.
In the classified documents case, Judge Aileen Cannon declined Trump’s request to dismiss the case based on his argument that he had the authority to take classified documents with him after leaving the White House. Cannon’s order kept open the possibility for Trump to bring up this argument in future proceedings. The judge didn’t detail her views on Trump’s claims but stated that Trump’s attorneys did not meet the legal standard to dismiss the charges. There are still several outstanding motions for Cannon to decide in this case.
In the Georgia election subversion case, Judge Scott McAfee rejected Trump’s argument that his efforts to overturn the 2020 election were protected under the First Amendment. Willis has suggested that the trial could start as soon as August, but a trial date has not been set. McAfee’s ruling is another step forward for the state racketeering case against Trump, as the free speech defense has repeatedly fallen short in pretrial wrangling in election meddling cases. This ruling comes amid considerations for a gag order against Willis by some of Trump’s fellow defendants.
Both the federal classified documents case and the Georgia election subversion case are proceeding, with judges refusing to dismiss the indictments against Trump. While these setbacks for Trump occurred in these two cases, the cases in New York and Washington, DC, remain in progress. The Supreme Court’s consideration of Trump’s immunity from criminal charges as a former president will impact the DC case, while further developments are expected in the Georgia and federal classified documents cases. Trump and his legal team continue to explore options to defend against these criminal prosecutions.
