It's time for Justice Matters with former federal prosecutor and MS NBC analyst Glenn Kirchner. Judge Aileen Cannon has denied Donald Trump's motion to dismiss the classified documents case.

Glenn says it's not good that she denied it without prejudice.

So friends can we talk about Trump appointed Judge Aileen Cannon and the

unshakable concern I have that she's setting things up to break bad

for the prospect of Donald Trump being held accountable for his crimes in his federal case down in Florida.

On Thursday, Judge Cannon heard oral arguments for hours.

On two of Donald Trump's motions to dismiss his case.

One of those two motions, actually both of them,

but we're going to focus on one today.

One of those motions was an absolute no-brainer because it was entirely frivolous.

That is Donald Trump's claim that the Espionage Act is unconstitutional.

Donald Trump is charged with violating the Espionage Act,

our nation's espionage laws. he's charged with 32 federal felony counts in

violation of the Espionage Act. The Espionage Act has been on the books since 1917.

The Espionage Act has been used to prosecute people countless times,

people like Julius and Ethel Rosenberg, John Walker, Aldrich Ames, Robert Hanson,

and other infamous spies and traitors and each and every time the

Espionage Act was challenged in the courts it was held to be constitutional.

But Donald Trump now says more than a hundred years

since it was enacted, it's unconstitutional under the doctrine of what's called void for vagueness.

That is actually a doctrine in the criminal law.

If a statute is so void, no one can understand it, no one can make heads or tails of it, we don't even know what conduct it criminalizes, it could be unconstitutionally void for vagueness, but the Espionage Act is not.

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