Special Counsel Jack Smith faces a critical decision if Florida Judge Aileen Cannon dismisses any of the charges brought against former President Donald Trump in his classified documents case. Trump, who has been charged with 40 felony counts pertaining to his alleged mishandling of classified information, has pleaded not guilty and insists on his innocence.

On Thursday, Judge Cannon, presiding over the U.S. District Court for the Southern District of Florida, will evaluate two motions filed by Trump's legal team. These motions argue that Trump had the legal right to retain the documents under the Presidential Records Act and contend that the charges brought against him under the Espionage Act are "unconstitutionally vague."

Preet Bharara, a lawyer and former U.S. attorney for the Southern District of New York, weighed in on the case, describing it as "not particularly meritorious." However, he also noted the possibility of Judge Cannon exhibiting favor towards Trump, thus affecting the outcome of the case.

Earlier this week, Judge Cannon granted Trump a 10-day delay in his classified documents case, despite strong objections from prosecutors. This decision was influenced by another ongoing criminal case against Trump, where he is accused of orchestrating payments to a pornographic actress. Trump has pleaded not guilty to all charges in this case and maintains his innocence.

In the event that Judge Cannon dismisses the charges against Trump, Bharara suggested that Smith's legal team could appeal the decision, seek the removal of the judge for alleged bias, or both. Dismissal of charges by a judge can be appealed to the 11th Circuit Court of Appeals, according to Bharara. Additionally, he mentioned the possibility of filing a recusal motion to have Judge Cannon removed from the case based on perceived bias.

Commenting on the likelihood of Trump's motions for dismissal being rejected, George Washington University law Professor Jonathan Turley believes that Trump may lose the claim for dismissal. However, Turley acknowledged that there may be merit in Trump's objections to the charges.

Trump is also facing separate criminal charges related to his alleged attempts to overturn the 2020 presidential election, both nationwide and specifically in the state of Georgia. He has pleaded not guilty to all counts and claims that the cases against him are politically motivated.

Newsweek reached out to Special Counsel Smith for comment, but no response has been received at the time of writing.

As the case unfolds, all eyes are on Judge Cannon's decision, which will determine the future trajectory of the charges against Trump in his classified documents case.