Attorneys for Donald Trump will have a chance to debate special counsel Jack Smith during a Thursday hearing in the former president's classified documents case.
Trump has argued in previous court filings that the case should be dismissed because he used his authority as president to declassify documents brought home from the White House.
His attorneys, citing the Personal Records Act (PRA), have argued that Trump, while president, was the chief classification officer, and could mark any documents "personal" as he saw fit. This allowed him to legally take said documents with him when he left office.
The PRA governs how documents from an outgoing presidential administration are handled. It describes personal records as things such as personal notes, materials related to private political associations, or materials related the the president's own election.
The judge in the Trump case, Aileen Cannon, has set aside the entire day to hear both sides. Following the hearing, Cannon is expected to rule on several big issues in the case - including setting a new trial date which may or may not come before the November election, as well as whether Trump will receive an evidentiary hearing over additional discovery he's requested from the current White House, the FBI, and more.
Trump has pleaded not guilty to dozens of charges related to his alleged mishandling of classified documents. He has also been accused of obstructing the DOJ's investigation.
President Biden, meanwhile, did not have the authority as Vice President to declassify documents found in various locations, and illegally shared with his biographer - for which special counsel Robert Hur felt he was too senile to prosecute.
