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Left to right: Special counsel Jack Smith arrives to speak about an indictment of former President Donald Trump, Aug. 2023. (AP Photo/Jacquelyn Martin)/U.S. District Judge Aileen Cannon during remote Senate Judiciary Committee nomination hearing. (U.S. Senate via AP)/Former President Donald Trump speaks at Trump National Golf Club in Bedminster, N.J. June 2023. (AP Photo/Andrew Harnik, File)

Left to right: Special counsel Jack Smith arrives to speak about an indictment of former President Donald Trump, Aug. 2023. (AP Photo/Jacquelyn Martin)/U.S. District Judge Aileen Cannon during remote Senate Judiciary Committee nomination hearing. (U.S. Senate via AP)/Former President Donald Trump speaks at Trump National Golf Club in Bedminster, N.J. June 2023. (AP Photo/Andrew Harnik, File)

“Unconstitutional vagueness,” “Q clearance,” the National Archives’ criminal referral, and the Presidential Records Act figure to feature prominently at a Thursday morning hearing in the Mar-a-Lago case, when Donald Trump’s lawyers will argue for and the Special Counsel’s Office will argue against the dismissal of the Espionage Act indictment.

What to expect and when

U.S. District Judge Aileen Cannon, who earlier the week granted the defense more time to respond to special counsel Jack’s Smith pretrial motions dealing with discovery and the “scope of the prosecution team,” put the parties on notice that they should be prepared to reserve a “full day for argument,” starting at 10 a.m. on Thursday.

Arguments will pertain to Trump’s motion to dismiss the Espionage Act indictment based on “unconstitutional vagueness” and Trump’s co-defendant/valet Walt Nauta’s motion to dismiss to case based on the Presidential Records Act.

The Espionage Act

Last Thursday, Smith opposed Trump’s “unconstitutional vagueness” challenge of the indictment both generally and specifically as to count 19.

In their February motion to dismiss on grounds of unconstitutional vagueness, Trump lawyers argued the nineteenth willful retention of national defense information count, relating to an “Undated document concerning nuclear weaponry of the United States,” could not stand. They said the special counsel handed them Department of Energy records “indicating that President Trump maintained the ‘Q’ clearance that is relevant to the document charged.”

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