Federal prosecutors aired their frustration with the federal judge overseeing former President Donald Trump's documents trial in Florida, saying her recent order seeking jury instructions leaned on a 'fundamentally flawed legal premise.'
Urges federal court to issue a decision on Presidential Records ActFederal prosecutors aired their frustration late Tuesday with the federal judge overseeing former President Donald Trump’s documents trial in Florida, saying her recent order seeking jury instructions leaned on a “fundamentally flawed legal premise.”, which sought draft language on jury instructions, seemed to embrace Mr.
“Both scenarios rest on an unstated and fundamentally flawed legal premise — namely, that the Presidential Records Act, and in particular its distinction between ‘personal’ and ‘Presidential’ records, determines whether a former President is ‘authorized,’ under the Espionage Act, to possess highly classified documents and store them in an unsecure facility,” Mr. Smith’s team wrote in their filing.
If the court “wrongly concludes” that it is applicable, Mr. Smith’s team wants the chance to swiftly appeal that decision before the case goes to trial. If a jury were to take up the case and acquit Mr. Trump before the issue is resolved, then Mr. Smith would have no recourse to challenge the outcome.Prosecutors raided Mr. Trump’s Mar-a-Lago estate in August 2022 after archivists said they were having trouble recovering government records, including classified information, from the ex-president.
The former president faces more than 40 counts, including 32 counts of unauthorized retention of national security secrets; seven counts of obstructing efforts to retrieve the documents; and three counts of making false statements. He has pleaded not guilty.should advise jurors that Mr. Trump was authorized by the PRA to possess documents that fall under the “personal” designation.
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Prosecutors claim 'flawed' jury instructions in Trump's classified document caseThe order surprised legal experts and alarmed special counsel Jack Smith's team.
Read more »
Jack Smith calls out Trump's latest immunity claim in classified documents caseJordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
Read more »
Jack Smith rips Stephen Miller claim in Trump's classified documents caseJordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
Read more »
Jack Smith's Two Options if Aileen Cannon Dismisses Trump ChargesDonald Trump is seeking to get his classified documents criminal case in Florida dismissed.
Read more »
Jack Smith's Latest Argument Could Help Trump EnormouslySmith says the attorney general can overturn his decisions, allowing Trump to kill the cases against him if he's elected.
Read more »
Jack Smith Is Convincing Americans Donald Trump Is GuiltyA new poll has shown a significant shift among independent voters in their perception of Trump's documents case.
Read more »