Special prosecutor Jack Smith has slammed a recent order by the judge presiding over former President Donald Trump’s case. confidential documents, He said the request from his office and Trump’s lawyers for jury instructions was based on a “fundamentally flawed legal basis.”
One Court appeal on Tuesday, Smith argues that the legal basis behind Judge Aileen Cannon’s request is “flawed” and would “distort” the trial. The special counsel urged Cannon to “urgently” decide whether the legal provision in question represents the “correct construction of the law,” and said federal prosecutors could appeal if the judge rules against them.
Top last month It ordered Trump and the special counsel to present instructions to the jury based on two competing scenarios In connection with the Espionage Act and the Presidential Records Act charges against Trump that accuse him of mishandling classified documents.
The first scenario Cannon described would allow a grand jury to review records and determine whether documents Trump kept are “personal” or “presidential” under the Presidential Records Act. In the second scenario, Cannon instructed lawyers, presidents are supposed to have the “sole authority” under the act to legally withhold documents by declaring them “personal” or “presidential” records. with Trump’s defense at work.
“Both scenarios rest on an unstated and fundamentally flawed legal provision, namely that the Presidential Records Act (“PRA”), and specifically its distinction between “personal” and “Presidential” records, determines whether a former President is “authorized.” Possessing highly classified documents under the Espionage Act and storing them in an unsecured location,” Smith’s team wrote in the filing.
One Filing on Tuesday Responding to Cannon’s order, Trump’s lawyers argued that the Presidential Records Act gives Trump the power to decide whether a record is personal or presidential, and suggested the judge’s request was consistent with that claim. They also argue that the Espionage Act is unconstitutionally vague about the handling of presidential records, and therefore prosecutors lack the legal basis to indict Trump.
Trump facing numerous charges the case against him in classified documents, including willful withholding of national defense information, false statements and representations, conspiracy to obstruct justice, concealment of a document or record, and corrupt concealment of a document.
The former president pleaded not guilty to all charges. His co-defendants, Walt Nauta and Carlos De Oliveira, have also pleaded not guilty to related charges. Trump in February moved to dismiss Secret documents in Florida argued in the indictment that the president cannot be prosecuted based on immunity.
Top last month He rejected Trump’s offer dismissing the case as unconstitutionally vague and questioning his attorneys’ argument to dismiss the case based on the Presidential Records Act.
Lisa Rubin, Christina Wilkie, CNBC and Katie S. Phang contributed.