Donald Trump at Mar-a-Lago

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Ewan Palmer

By Ewan Palmer

News Reporter

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Donald Trump has lashed out at Special Counsel Jack Smith after a hearing was held on whether the federal classified documents case against the former president should be dismissed.

In a post on Truth Social, Trump accused Smith of being "deranged," while also referencing a report from Robert Hur, a special counsel, who said charges should not be brought against Joe Biden over his handling of classified documents while also citing concerns about the president's cognitive ability and memory.

"Deranged Jack Smith, together with his Team of Political Hacks and Thugs, were once again caught in a LIE in the Sham 'Documents' Case, far less in importance or gravity than Joe Biden's Document Case, for which he was fully exonerated on the basis of his TOTAL INCOMPETENCE," Trump wrote.

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"They said, in effect, that Biden is not capable of defending himself in Court, but could nevertheless run for President, if he wanted. An Exoneration like that I would not want.

"'The Deranged One,' Smith, badly wanted to hide his own GRAVE MISCONDUCT, but must have been prevented from doing so by an Honest and Patriotic Eyewitness. The Corruption of our Justice System has to be put to an end, and those responsible, including Crooked Joe Biden and those controlling him, have to be held to account. MAGA 2024!"

Donald Trump at Mar-a-Lago

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The Context

Trump has pleaded not guilty to 40 charges over allegations he illegally retained classified materials after he left the White House in January 2021, and then obstructed the federal attempts to retrieve them from his Mar-a-Lago resort in Florida.

On Wednesday, Judge Aileen Cannon, who is overseeing proceedings, held hearings to hear arguments on whether the case against Trump and his co-accused, Walt Nauta, should be thrown out. The hearing was the first one held by Cannon after she indefinitely postponed the start of the classified documents trial from its original start date, May 20.

What We Know

Trump, the presumptive 2024 Republican presidential candidate, has frequently suggested Hur's report on Biden's handling of sensitive materials at his Delaware home and former office in Washington, D.C. is proof that the federal investigation into the former president is politically motivated and an attempt to stop him winning November's race.

Hur's 388-page report published in February said that even if Biden weren't president, the Department of Justice wouldn't press charges against the Democrat as he cooperated fully with the investigation. Hur also said it would be hard to secure a conviction as Biden would likely present himself to a jury as a "sympathetic, well-meaning, elderly man with a poor memory."

On Wednesday, Trump's lawyers attended a meeting held by Cannon to argue that the charges filed by Smith's office should be dismissed on the basis that the federal indictment does not clearly detail any crimes committed and instead amounts to "a personal and political attack" against the former president with a "litany of uncharged grievances both for public and media consumption."

The motion is one of several put forward by Trump's team in their attempt to have the classified documents case thrown out, some of which have already been dismissed.

Cannon did not rule on the latest motion on Wednesday. She previously cited how the court still needs to settle multiple legal disputes and hearings related to the proceedings in her reasoning for indefinitely delaying the start of the classified documents trial.

The decision meant it is highly unlikely that Trump will appear before a jury to face the classified documents charges before the start of the 2024 election. If Trump wins the race against Biden in November, he could order the DOJ to drop the classified documents charges once he enters office.

Cannon, who was nominated to the bench by Trump, was widely criticized by legal experts for delaying the proceedings.

Peter Shane, a law professor at New York University, previously told Newsweek that anyone "observing the snail's pace at which Judge Cannon has been handling the documents case," including ruling on Trump's multiple motions to dismiss, will not be surprised by her decision to suspend proceedings.

What's Next

Cannon is set to hold a series of other meetings until late July to try and resolve most of the pretrial issues.

It is unclear when the judge will decide on when to try and reschedule the classified documents trial.

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