The prosecutors are trying to warn U.S. District Judge Aileen Cannon off potential jury instructions they say rest on a “fundamentally flawed legal premise.”
This image, contained in the indictment against former President Donald Trump, and partially redacted by source, shows boxes of records being stored on the stage in the White and Gold Ballroom at Trump's Mar-a-Lago estate in Palm Beach, Fla.
The order surprised legal experts and alarmed special counsel Jack Smith’s team, which said in a filing late Tuesday that that 1978 law — which requires presidents to return presidential records to the government upon leaving office but permits them to retain purely personal ones — has no relevance in a case concerning highly classified documents.
Smith’s team said that if the judge insists on citing the presidential records law in her jury instructions, she should let the lawyers know as soon as possible so they can appeal.
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