Read the Rejection of Trump’s Motion to Dismiss the Documents Case

Case 9:23-cr-80101-AMC Document 402 Entered on FLSD Docket 03/14/2024 Page 1 of 2

V.

UNITED STATES OF AMERICA,

Plaintiff,

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

DONALD J. TRUMP, WALTINE NAUTA, and CARLOS DE OLIVEIRA,

Defendants.

CASE NO. 23-80101-CR-CANNON

ORDER DENYING WITHOUT PREJUDICE DEFENDANT TRUMP’S MOTION TO DISMISS COUNTS 1–32 BASED ON UNCONSTITUTIONAL VAGUENESS

THIS CAUSE comes before the Court upon Defendant Trump’s Motion to Dismiss Counts 1 through 32 Based on Unconstitutional Vagueness (the “Motion”), filed on February 22, 2024 [ECF No. 325]. The Special Counsel filed a Response in Opposition [ECF No. 377], to which Defendant Trump filed a Reply [ECF No. 398]. The Court heard argument on the Motion on March 14, 2024 [ECF No. 401]. Upon careful review of the Motion, related filings, and the arguments raised during the hearing, Defendant’s Motion is DENIED WITHOUT PREJUDICE.

Defendant Trump seeks dismissal of Counts 1 through 32 of the Superseding Indictment on the ground that the statutory phrases “unauthorized possession,” “relating to the national defense,” and “entitled to receive” appearing in 18 U.S.C. § 793(e) are unconstitutionally vague as applied under the facts presented, in violation of due process and the rule of lenity. Although the Motion raises various arguments warranting serious consideration, the Court ultimately determines, following lengthy oral argument, that resolution of the overall question presented depends too greatly on contested instructional questions about still-fluctuating definitions of