Special counsel criticizes judge’s jury instruction request in Trump documents case.

– Special counsel Jack Smith criticized Judge Aileen Cannon’s handling of the classified documents case against former President Donald Trump, stating that her understanding of the case was fundamentally flawed.
– Cannon requested jury instructions that embraced Trump’s claims of broad authority to take classified government documents, prompting Smith’s team to threaten an appeal if she accepted Trump’s arguments.
– Cannon asked for briefs on potential jury instructions defining terms of the Espionage Act and requested two versions of proposed instructions.
– The first scenario would assess whether the records Trump retained were “personal” or “presidential” according to the Presidential Records Act.
– The second scenario assumes Trump had complete authority to take records he wanted from the White House, making it difficult for prosecutors to secure a conviction.
– Trump’s defense attorneys argued that Trump was authorized to possess documents defined as “personal records” under the PRA.
– Prosecutors stated that the PRA is not relevant to the charges against Trump, as his actions occurred after his term as president ended.
– Investigators have collected evidence about Trump’s record-keeping habits, with no indication that he designated relevant classified records as personal when he left the White House.
– Cannon appeared skeptical about dismissing the charges but recognized the forceful arguments made by Trump’s attorneys.



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