A federal judge will not dismiss the classified documents charges against former President Donald Trump, who argued that he had the authority to take classified or sensitive documents with him after he left the White House.

The short order from US District Judge Aileen Cannon on Thursday leaves open the possibility that Trump could still use the argument to defend himself at trial.

Cannon, in the new order, pushed back on special counsel Jack Smith’s request that she make a final ruling on whether the theory can be used at trial, so that prosecutors could appeal to the 11th Circuit. She said that “demand” was “unprecedented and unjust.”

There are still more than a dozen outstanding motions for Cannon to decide, including several other motions to dismiss the case.

This is a breaking story and will be updated.

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