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.
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