Cannon strikes paragraph from Mar-a-Lago indictment but denies bid to drop case

Judge Aileen Cannon struck from the Mar-a-Lago indictment a paragraph referencing former President Trump’s use of one of the classified documents found at his Florida home, slightly narrowing the case against him while otherwise denying his efforts to toss the case.

The paragraph in question concerns allegations that Trump showed a classified map to a staffer of his PAC, acknowledging that “he should not be showing the map” and telling the employee not to get too close.

Cannon agreed with Trump’s legal team that its inclusion in the indictment was “not appropriate” after it argued the reference was improper as prosecutors did not bring any charges relating to that specific document.

Prosecutors can still point to the exchange as evidence during the trial, but the decision nonetheless shows Cannon chastising special counsel Jack Smith’s team, calling much of the language in the indictment “legally unnecessary.”

At another turn she seemed to criticize Smith for using what is known as a “speaking indictment,” where prosecutors lay out their charges in great detail, essentially telling the story of their case through court documents.

“The Court also notes the risks that can flow from a prosecutor’s decision to include in a charging document an extensive narrative account of his or her view of the facts, especially in cases of significant public interest,” Cannon wrote.

She would later write that the “identified deficiencies, even if generating some arguable confusion,” were permitted by law.

Prosecutors had argued they were allowed to reference the exchange under the federal rules for criminal procedure, which allow them to point to “bad acts” even if they are not directly part of the case.

Trump alongside his co-defendants had sought to toss nine different counts from the case.

While the former president’s exchange with the PAC employee will now be struck from the indictment, she allowed a similar episode where Trump showed classified documents to book publishers to remain.

In that instance, prosecutors did bring charges on the attack plan Trump referenced while telling the duo he could no longer declassify the document since he was not president. Prosecutors have an audio recording of the exchange.

The decision from Cannon clears from her desk one of the many numerous pretrial motions from Trump seeking to toss the case.

Still, her Tuesday decision came just hours before Trump’s team filed yet another motion seeking to dismiss the case, this time alleging the FBI spoiled evidence in the case by failing to maintain the original order the documents were kept in when recovered from Mar-a-Lago.

The judge has pointed to the pretrial motions in indefinitely punting the trial date, failing to set a new one until she resolved what she’s described as numerous complex issues before her.

Legal experts have been critical of the time Cannon has spent mulling the motions, with many arguing she’s spent excessive time reviewing what many saw to be a relatively straightforward case.

Trump is facing charges on 41 counts in connection with the case, the bulk of which are Espionage Act charges targeting the retention of classified records after he left the White House. He is also facing obstruction of justice charges related to his failure to return the records after a subpoena and for hiding them from investigators and his own attorney.