I like that Cannon set up two strawman arguments as frameworks that distill the nuggets of the arguments from both sides. I think she did this to give the appellate court a roadmap to go by when the case eventually ends up there.
-PJ
The Eleventh - six to five, in favor of Trump.
I like that Cannon set up two strawman arguments as frameworks that distill the nuggets of the arguments from both sides. I think she did this to give the appellate court a roadmap to go by when the case eventually ends up there.
These are not two strongman arguments. They are real.
Option (a) is in the case where classification of the records as Personal or Presidential is argued to the jury. In that case the jury must be given access to the records — each and every one of them, unredacted. I believe Jack Smith entered the whole load into the case.
Option (b) is in the case where classification may not be argued to the jury. That essentially narrows it down to whatever the President decided.
These are proposed instructions to be given by the judge to the jury. Smith (and Trump's lawyer) need to rephrase each one in a manner they find aceptable to deliver to the jury. No counter-argument is permitted. Assume Smith completes his homework assignment, the judge could adopt his paraphrase as her instruction to the jury and he can't pick nits about the wording. And she gets to recline with a nice cocktail and think about Jack Smith doing his homework.