A federal judge will hear arguments Thursday on whether to dismiss charges against Donald Trump in connection with the classified documents case filed by the Justice Department

Trump has pleaded not guilty to a 40-count indictment.  It accused him of retaining sensitive national security documents and obstructing U.S. government efforts to retrieve them.

His lawyers are expected to claim the former president had the right to keep the records he took from the White House and stored in Florida.

The defense centers on the Presidential Records Act. Trump's lawyers say it gives him the authority to designate the documents as personal and keep them, the Associated Press reported.

The hearing comes a day after the man who has been referred to as "Trump Employee 5" in the indictment went on the record about moving documents at Trump's Mar-a-Lago resort amid the investigation.

Once anonymous, Brian Butler is now speaking up and believes voters should hear the truth about his former employer before the November election.

During an interview on CNN, Butler revealed that he does not believe Trump's claims that the criminal case against him is a "witch hunt," as Trump has repeatedly claimed.

Butler gave testimony last year to federal investigators that laid out portions of the criminal obstruction charges filed against Trump and two co-defendants.

The federal case is just one of several legal issues Trump faces as he locks up the Republican nomination for the presidential election rematch against President Biden.