Hi everyone it's 4 o'clock New York the tensions between Special Council Jack Smith and the judge who's puzzling.

Eyebrow-raising decisions have led to questions about whether she is simply indulging

Donald Trump's strategy of delay, delay, and delay again have now turned into a war of words.

In a ruling issued this late afternoon, about an hour ago, Judge Aileen Cannon denied

Donald Trump's request to dismiss the classified documents case.

Based on the Presidential Records Act defense, in essence, Trump was claiming that he had the right

to hold on to national security state secrets because they somehow belong to him.

Today, Judge Cannon rejected that rather ridiculous defense handing

Jack Smith an ostensible win.

This could just be round one on these issues.

Kenan saying that the criminal charges against Trump quote, make no reference to the

Presidential Workers Act, nor do they rely on that statute for purpose of stating and offense.

Adding this, quote, accepting the allegations of the superseding indictment is true.

The Presidential Records Act does not provide a pretrial basis to dismiss.

The judge there leaving the door open to revisiting this issue.

And as reported on this very broadcast

at this very hour yesterday,

Kenan had asked both prosecutors and Trump's defense team to address the question of whether those documents could be considered personal in jury instructions, which led to a sharp rebuke from Special Counsel of Jack Smith's team.

He called the idea, quote, fundamentally flawed.

In her ruling today, Cannon fires back saying that Smith's demand to settle the issue of whether the documents could be

considered personal once and for all is quote unprecedented and unjust.

Let's get not in here. So we start today with two of our favorite experts and friends,

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