Trump seeks dismissal of classified documents case

Donald Trump's lawyers are set to request a Florida judge to dismiss his criminal charges alleging mishandling of classified documents, arguing he was authorised to keep the files.

Judge Aileen Cannon will hear arguments related to the Presidential Records Act and the Espionage Act, which Mr Trump is accused of violating.

Mr Trump who faces 40 criminal charges in the matter is expected to attend.

He has pleaded not guilty and called the case a witch hunt.

The Presidential Records Act - passed after former President Richard Nixon sought to destroy White House records during the Watergate scandal - requires presidential records to be turned over to the National Archives.

Prosecutors allege Mr Trump retained classified documents at his Mar-a-Lago Florida residence and obstructed justice department's efforts to retrieve them and turn them over to the National Archives. The former president allegedly put boxes of classified material in a shower, a bathroom, a ballroom and his bedroom at the Florida club.

Lawyers for Mr Trump have argued that he had the right to have the documents because he had "unreviewable discretion" to designate these classified records as personal documents.

Special counsel Jack Smith, who brought the charges against Mr Trump, disagreed.

"The PRA does not exempt Trump from the criminal law, entitle him to unilaterally declare highly classified presidential records to be personal records, or shield him from criminal investigations," Mr Smith wrote in response to Mr Trump's lawyers' motion.

The second argument Mr Trump's lawyers will present focuses on the Espionage Act, which makes it illegal for people who are not authorised to retain national defence information.

Trump lawyers have claimed Mr Smith's use of the statute was "unconstitutionally vague", an argument that Mr Smith's team called "meritless".

"Trump is charged with the unauthorized possession and willful retention of national defense information. The statute's prohibitions are clear," his team wrote.

Mr Trump's co-defendants, aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, are also expected to attend the day in court.

Mr Trump's attorneys have filed several other motions to get the case dismissed, including an argument based on presidential immunity.

The Supreme Court is hearing a case on whether Mr Trump is immune from criminal prosecution as a former president.