In a move reflecting the high-stakes legal battle over the handling of classified documents by former President Donald Trump, Special Counsel Jack Smith has vociferously challenged a federal judge’s approach to jury instructions concerning the Presidential Records Act (PRA). The disagreement has important consequences for the prosecution’s approach and the wider story concerning presidential control of classified materials.
Smith’s legal team filed a forceful brief on Tuesday, urging Judge Aileen Cannon to exclude the PRA from the jury instructions. Smith opposed the hypothetical scenarios proposed by Cannon, based on the PRA—a law from 1978 that regulates the preservation of presidential documents.The special counsel’s argument is grounded in the assertion that the PRA should not influence the trial at all, as Trump’s alleged mishandling of classified records took place after his presidency.
The first scenario posited by Judge Cannon asserts that the president has the sole authority under the PRA to label records as personal, thereby eliminating the ability of courts and juries to review such categorizations. The second scenario allows jurors to examine a record’s classification and determine whether it is “personal or presidential.” Trump’s legal team supported the judge’s line of thinking, suggesting the jury should be told that Trump was authorized to access classified records during his presidency and could categorize documents as he saw fit.
In direct contrast, Smith’s prosecutors have requested that the jury be tasked only with determining whether Trump willfully retained national defense information without federal authorization. They contended that including the PRA would “distort the trial” and insisted that Trump’s purported use of the PRA to classify documents as personal was a “fictional” defense invented after the federal probe commenced. Prosecutors have also contended that Trump’s inner circle, such as his chiefs of staff and White House lawyers, did not support the ex-president’s assertion that he had marked records as personal under the PRA.
The special counsel’s office has filed a 40-count indictment against Trump, alleging obstruction and mishandling of 32 counts of national defense information. The FBI has retrieved more than 300 sensitive government records from Trump’s Mar-a-Lago estate, where he is accused of unlawfully retaining them. Trump has pleaded not guilty to all charges and asserts his innocence.
Smith’s team has stressed the need for time to appeal if the judge includes language on the PRA in the jury instructions. Judge Cannon has not yet scheduled a trial date or ruled on Trump’s motions to dismiss the indictment. Meanwhile, Smith’s legal team is pushing for a trial schedule that acknowledges the complexity and seriousness of the issues involved.
Relevant articles:
– Special counsel pushes back at Judge Cannon in …, CBS News, 11 hours ago
– Special counsel rips judge’s jury instructions request in Trump classified documents case, NBC News, April 03, 2024
– Jack Smith argues “not a single” Trump official has claimed he declared any records personal, CBS News, April 03, 2024
– Special counsel blasts judge’s jury instruction request in Trump documents case, CNN, April 03, 2024