Donald Trump is expected to appear in federal court in Florida today as he fights to have the criminal case into his alleged mishandling of classified documents thrown out.
US District Judge Aileen Cannon will consider two motions brought by the former president’s attorneys seeking to dismiss the case, claiming that – under their interpretation of the Presidential Records Act – Mr Trump had the authority to designate the documents as personal and hold onto them after leaving the White House.
Special counsel Jack Smith argues that the documents are not personal but presidential records and so he did not have the authority to retain them. The second motion for dismissal centres around the Espionage Act.
The hearing will take place at 10am ET in Fort Pierce.
It comes one day after Mr Trump scored a minor win in his election interference case in Georgia, when the judge threw out a handful of charges from the original indictment.
On Wednesday, Judge Scott McAfee of the Fulton County Superior Court ruled that the six charges, three of which apply to Mr Trump, should be “quashed” – but that the state can seek reindictment on the charges at a later date.