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


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Posted

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In a sharp rebuke to Judge Aileen Cannon's handling of the classified documents case against former President Donald Trump, special counsel Jack Smith criticized the judge's recent request for jury instructions, calling it "fundamentally flawed" and lacking any legal or factual basis.

 

Smith's team strongly opposed Cannon's request for jury instructions that would incorporate Trump's claims of broad authority to handle classified government documents. They argued that accepting Trump's arguments about his record-retention powers would distort the trial and undermine the prosecution's case.

 

Cannon had asked attorneys to submit briefs on potential jury instructions defining terms of the Espionage Act, under which Trump is charged over mishandling 32 classified records. She requested two versions of proposed jury instructions—one based on the categories of "personal" or "presidential" records outlined in the Presidential Records Act, and another assuming Trump's complete authority to take any records he wanted from the White House.

 

Smith's team criticized both scenarios, stating that they rested on a flawed legal premise and would lead to an unfair trial. They warned that if Cannon accepted Trump's arguments, they would seek appellate review.

 

Trump's defense attorneys, in their proposed jury instructions, argued that he was authorized to possess certain documents classified as "personal records" under the Presidential Records Act. They also challenged Smith's ability to prove that Trump knowingly kept the documents, citing difficulties in recording past mental states.

 

Prosecutors countered Trump's claims, stating that the Presidential Records Act was not relevant to the charges as the alleged conduct occurred after his presidency. They argued that Trump's assertion of deeming the records personal was fabricated after the National Archives retrieved the classified information from Mar-a-Lago.

 

The filings also revealed evidence collected by investigators regarding Trump's record-keeping habits during his presidency. Prosecutors highlighted that there was no evidence of Trump designating the relevant classified records as personal when he left the White House.

While Cannon appeared skeptical of dismissing the case outright, she acknowledged Trump's attorneys' forceful arguments. Her request for hypothetical jury instructions indicates ongoing consideration of the role of the Presidential Records Act in the case.

 

The developments underscore the contentious legal battle surrounding the handling of classified documents and the broader implications for presidential record-keeping.

 

04.04.24

Source

 

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Posted
26 minutes ago, still kicking said:

Both.

That's exactly her problem! She's too incompetent to rig it properly (from a legal POV). 😀

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Posted
15 minutes ago, candide said:

Easy question. Trump refused to give some documents back, hid them, and lied about it. (to keep it simple). For more details, you can use Google.

Some people just don't get it.

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Posted
3 hours ago, jerrymahoney said:

Cannon shoots down Trump’s presidential records act claim
The ruling may cool a looming standoff between special counsel Jack Smith and the judge

 

April 4, 2024 at 3:04 p.m. EDT via Washington Post

 

U.S. District Court Judge Aileen Cannon on Thursday rejected Donald Trump’s bid to have his charges of mishandling classified documents dismissed on the grounds that a federal records law protected him from prosecution. The judge also defended her handling of the issue, which had frustrated prosecutors.

 

https://archive.is/S1Ex9#selection-673.0-673.304

Jack Smith has to nail down the jury instructions, and prevent any possibility of a directed verdict.

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Posted
11 minutes ago, Danderman123 said:

Jack Smith has to nail down the jury instructions, and prevent any possibility of a directed verdict.


Even as she ruled against Trump’s motion, Cannon’s three-page order also revealed her displeasure over Smith’s characterization of her order, suggesting this may not be the last such battle in the historic prosecution of a former president and the presumptive GOP presidential candidate.

 

“What is surprising is just how quickly the judge herself has become the central focus of this case,” (Robert Mintz, a former federal prosecutor), said. “Turning the trial into a referendum on the judge may be effective from a public relations standpoint, but as a legal matter, it runs the risk of further politicizing the case and creating even more legal issues that could later backfire on the defense.”

 

https://www.washingtonpost.com/national-security/2024/04/04/cannon-trump-jack-smith-presidential-records-act/

 

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Posted

Jack Smith Laid a Trap for Trump’s Mar-a-Lago Judge. Cannon Didn’t Take It.

 

Judge Aileen Cannon rejected Donald Trump’s request to drop the Mar-a-Lago trial. But she also denied prosecutors a legal avenue that would let them try to kick her off the case.

 

Updated Apr. 04, 2024 4:15PM EDT Published Apr. 04, 2024 3:46PM EDT 

 

https://www.thedailybeast.com/jack-smith-laid-a-trap-for-trumps-mar-a-lago-judge-cannon-didnt-take-it?ref=home?ref=home

 

The MAGA-friendly judge overseeing Donald Trump’s trial for hoarding classified documents at Mar-a-Lago has handed prosecutors a minor victory on Thursday. But she also refused to take the bait on a trap that could have very well led to her removal from the case.

 

U.S. District Judge Aileen M. Cannon on Thursday rejected the former president’s bid to dismiss the entire case on the faulty premise that the Department of Justice had no right to turn a bureaucratic spat over presidential records into a criminal case.

 

But perhaps more importantly, Cannon refused to go down a legal path that DOJ Special Counsel Jack Smith invited her to travel, with Cannon refusing to issue a separate court order on a related issue—a ruling that Smith could have formally appealed and potentially utilized to get Cannon knocked off the case.

Posted
18 minutes ago, jerrymahoney said:

Jack Smith Laid a Trap for Trump’s Mar-a-Lago Judge. Cannon Didn’t Take It.

 

Judge Aileen Cannon rejected Donald Trump’s request to drop the Mar-a-Lago trial. But she also denied prosecutors a legal avenue that would let them try to kick her off the case.

 

Updated Apr. 04, 2024 4:15PM EDT Published Apr. 04, 2024 3:46PM EDT 

 

https://www.thedailybeast.com/jack-smith-laid-a-trap-for-trumps-mar-a-lago-judge-cannon-didnt-take-it?ref=home?ref=home

 

The MAGA-friendly judge overseeing Donald Trump’s trial for hoarding classified documents at Mar-a-Lago has handed prosecutors a minor victory on Thursday. But she also refused to take the bait on a trap that could have very well led to her removal from the case.

 

U.S. District Judge Aileen M. Cannon on Thursday rejected the former president’s bid to dismiss the entire case on the faulty premise that the Department of Justice had no right to turn a bureaucratic spat over presidential records into a criminal case.

 

But perhaps more importantly, Cannon refused to go down a legal path that DOJ Special Counsel Jack Smith invited her to travel, with Cannon refusing to issue a separate court order on a related issue—a ruling that Smith could have formally appealed and potentially utilized to get Cannon knocked off the case.

 From the article you linked:

 

“As always, any party remains free to avail itself of whatever appellate options it sees fit to invoke, as permitted by law”

 

Not that Jack Smith needs any instruction on the law.

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