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Jack Smith, Stephen Miller

Jack Smith (AP Photo/Jacquelyn Martin), Stephen Miller (Photo by Brandon Bell/Getty Images)

Ahead of Thursday morning’s much anticipated motion hearing on former President Donald Trump’s bids to dismiss his Espionage Act indictment on grounds of unconstitutional vagueness and the Presidential Records Act (PRA), special counsel Jack Smith responded to America First Legal Foundation’s (AFL) “untenable theory” that the National Archives’ (NARA) criminal referral violated the law.

AFL, a legal group headed by former Trump White House senior advisor Stephen Miller, made an entrance into the case as amicus curiae — a friend of the court — with arguments supporting the Trump defense’s attempt to get the Mar-a-Lago willful retention of national defense information and obstruction case tossed under the PRA.

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