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Trump Classified Documents Case: Special Counsel Challenges Judge's Jury Instruction Amid Legal Battle"

 

                 Photo by max.

Special Counsel Slams Judge's Jury Instruction Order in Trump Classified Documents Case In an extraordinary development during the long-running legal fight between former President Donald Trump and the Justice Department, Special Counsel Jack Smith has come out against a recent order by U.S. District Judge Aileen M. Cannon regarding possible jury instructions in Trump's classified documents case.

 On Monday, very late at night, Smith's team argued in a court filing that Judge Cannon was using a "fundamentally flawed legal premise" to inform potential jury instructions and warned they may appeal the ruling if it is not reversed.

 Much of the fight has focused on a ruling by Judge Cannon last month, in which he ordered Trump's lawyers and those for the special counsel to submit proposed jury instructions on topics relating to Trump's motions to dismiss the case. Specifically, Cannon had asked to present two hypotheticals to the jury: One where the President has the discretion, under the Presidential Records Act (PRA), to withhold any records he deems to be personal from a full-dress judicial inspection of the records. Another, in the sitting of a jury, where it may look into a record in the possession of a former president and decide if it is an official or personal document. But the special counsel's office flatly rejected both ideas, saying they "rest on an unstated and fundamentally flawed legal premise." 

The prosecutors said the PRA isn't relevant to the charges levied against Trump insofar as the alleged conduct came after the presidency. They warned that including the PRA in the jury instructions could "jeopardize the proceedings" and signaled they would appeal if Cannon rules against them. 

Trump's legal team, in return, offered its own proposed instructions that say the former president had the authority, under the PRA, to have the classified records, terms Special Counsel Mueller called "pure fiction."  And further, the point is made that in that classified documents case, which many people would say already has so many twists and turns, high stakes, and complicated legal issues could develop. With no trial date set, the fight over jury instructions could loom large in how the case ultimately is presented to a jury. 

In the end, the sharp rebuke from special counsel—against Judge Cannon's order—can only intensify that prosecutors are never giving up on this case, even as it is put to test by Trump's legal team. The result of the fight could very well influence the arc of the entire proceeding against the former president.

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