Jack Smith argues "not a single" Trump official has claimed he declared any records personal

So many times I have just thought this was an open and shut case against Trump but this Judge Cannon is a loose cannon and who knows what will happen!!




https://x.com/moonbreeze2/status/1778380618990051826

Jack Smith argues "not a single" Trump official has claimed he declared any records personal
https://www.cbsnews.com/news/trump-jack-smith-special-counsel-jury-instructions-documents-case/



By Robert Legare

Updated on: April 3, 2024 / 9:17 AM EDT / CBS News

Washington — Special counsel Jack Smith urged a federal judge to keep a presidential recordkeeping law out of instructions that would be provided to the jury in the classified documents case against former President Donald Trump, according to court documents filed by Smith's team late Tuesday. Prosecutors warned that including the law in the instructions risked jeopardizing the proceedings, and signaled they would appeal the judge's decision if she ruled against them.

Last month, U.S. District Court Judge Aileen Cannon, who is overseeing the case in Florida, asked Smith's and Trump's legal teams to file jury instructions based on two hypothetical scenarios: in one, the president has the authority under the Presidential Records Act (PRA) to categorize any records as personal. Under this scenario, Cannon wrote that "neither a court nor a jury" would have the ability to review the decision, a finding that could nullify much of the special counsel's case against Trump.

In the other, the jury would be able to examine a record that had been retained by a former president and make a finding that it was either "personal or presidential," under the PRA. Under this scenario, it is possible jurors could find that some official documents were mishandled.

Federal prosecutors rejected both proposals and wrote Tuesday that the PRA — a 1978 law that manages the maintenance of White House documents produced during each presidency — "should not play any role at trial at all," arguing that Trump's alleged mishandling of classified records occurred after his presidency ended................................