On Tuesday, special counsel Jack Smith threw down the gauntlet in an extraordinary filing in the Mar-a-Lago prosecution, the case that centers around former President Donald Trump’s retention of classified documents and his resistance to government attempts to recover them from his Mar-a-Lago estate.
On the contrary, the PRA defines “personal records” as “all documentary materials … of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.” That cannot possibly include highly classified battle plans, nuclear secrets and the other official documents at issue in this criminal prosecution. That rules out Cannon’s first hypothetical.
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