Prosecutors claim 'flawed' jury instructions in Trump's classified document case

Republican presidential candidate former President Donald Trump speaks, Tuesday, April 2, 2024, at a rally in Green Bay, Wis. had asked prosecutors and defense lawyers to file proposed jury instructions for most of the charges even though it remains unclear when the case might reach trial.

Not a single one had heard Trump say that he was designating records as personal or that, at the time he caused the transfer of boxes to Mar-a-Lago, he believed that his removal of records amounted to designating them as personal under the PRA," prosecutors wrote. "To the contrary, every witness who was asked this question had never heard such a thing.

The judge appeared skeptical of that position but did not immediately rule. Days later, she asked the two sides to craft jury instructions that responded to the following premise: "A president has sole authority under the PRA to categorize records as personal or presidential during his/her presidency. Neither a court nor a jury is permitted to make or review such a categorization decision.

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