“Trump Was Not Authorized To Possess Those Documents”: Trump Hit With Devastating Blow in Classified Documents Case

William FurneyNov 28, 2023

Minute Read

Donald Trump’s claims that he declassified files he removed from the White House at the end of his term and stored in his Florida home have been upended by the judge in his federal documents case.

‘No Authority’

Southern District of Florida, Public domain, via Wikimedia Commons.

Federal Judge Aileen Cannon, who was nominated by Trump, made clear in a recent ruling that the former president did not have the authority to declassify top-secret government files.

‘Documents Remain Classified’

Judge Cannon ruled: “All classified documents … shall remain classified unless the documents or material bear a clear indication that they have been declassified by the agency or department that is the originating agency of the document.”

The Indictment

Trump, along with two employees at his Florida home, was indicted in June on federal charges of mishandling classified documents and is facing 37 charges in total. Among them are that he violated the Espionage Act, made false statements and unlawfully held onto documents that had national defense information in them.

Raid on Florida Home

FBI officers raided and searched Trump’s Mar-a-Lago resort home and found piles of boxes of files stacked up in various rooms, including a bathroom, bedroom and ballroom. Photographs of the boxes were presented as part of the prosecution’s case against the former president.

‘Not Authorized to Remove Files’

Editorial credit: FloridaStock / Shutterstock.

Part of the indictment reads: “At 12:00 pm on January 20, 2021, Trump ceased to be president. As he departed the White House, Trump caused scores of boxes, many of which contained classified documents, to be transported to the Mar-a-Lago Club in Palm Beach, Florida, where he maintained his residence. Trump was not authorized to possess or retain those classified documents.”

No Plea Deal

Trump has pleaded not guilty in the case and said he won’t take a plea deal because the upcoming trial amounts to an attack by Democrats as he aims to become president again, in next year’s election.

‘Election Interference’

Trump lawyer Alina Habba said on Fox News that Trump “would never admit guilt, because there was nothing wrong with declassifying documents. This is completely politically motivated. It’s election interference at its best.”

Trump’s ‘Mementos’

Habba also pointed to what Trump has claimed are “mementos” of his time at the White House that he felt entitled to take with him when he left office.

‘Right to Take Files’

Habba said: “He has every right to have classified documents that he declassified … things that are mementos, things that he has a right to take.”

‘Personal Items’

The lawyer added: “So if I’m someone with documents that I have a right to have as the president who left the White House, do I want people rummaging through my personal items? No.”

Other Indictments Against Trump

Editorial credit: No-Mad / Shutterstock.

The documents case is not the only indictment Trump has been hit with, as he has also been served with three others. Two relate to the 2020 election that Trump lost to Joe Biden, alleging that he tried to overturn the result and prevent the transfer of power to Biden, and he is charged at federal level and in Georgia. A fourth indictment says Trump paid hush money to cover up an alleged affair and hid the payments in falsified accounts. Trump denies all the charges.

Trump Setback

Legal analyst Bradley Moss said Judge Cannon’s ruling on the documents’ classified nature was a setback for Trump, who could be jailed for up to 20 years if found guilty.

Trump’s ‘Preposterous Requests’

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Moss said: “This order largely sidestepped or outright rejected Mr Trump’s rather preposterous requests for how he could access and discuss information currently identified by the government as classified.”

The GOP Nominee for 2024

Trump’s many legal headaches — he is fighting 91 criminal charges in total — comes at a time when he is almost assured of the Republican Party’s nomination for the 2024 presidential race.

Trump’s Huge Polling Lead

Editorial credit: Igor Y Eros / Shutterstock.

Trump, 77, has at least a 50-point gain on the GOP nominee-hopeful pack, which includes Florida Governor Ron DeSantis and former South Carolina governor Nikki Haley, who are polling in the low teens and single digits respectively. Trump has around 60 percent support from Republican voters, according to the latest national polls.

Online Reaction

One person on X, formerly Twitter, said Trump “tried to overthrow the government, stole thousands of classified documents, was impeached twice, and faces four indictments for 91 felony counts. Yet MSNBC and CNN keep harping on Biden’s age rather than the fact that his Republican opponent is a goddamn criminal.”

‘Biden’s Permission’

Another X user offered: “Biden gave full permission for his premises to be searched. Trump would have no indictment today if he had turned over the hundreds of documents he stole instead of getting his workers to hide them.”