Posted on 04/03/2024 10:45:37 AM PDT by Red Badger
Special counsel Jack Smith criticized the federal judge overseeing former President Donald Trump's classified documents trial as relying on a "fundamentally flawed legal premise" that "would distort the trial," when she ordered both parties to submit jury instructions.
Smith's sharp response Tuesday comes after Florida-based U.S. District Court Judge Aileen Canon last month asked attorneys to submit instructions based on two scenarios. In the first one, the jury would consider whether records Trump allegedly possesses are personal or presidential under the Presidential Records Act. The second scenario, Canon wrote, would assume that "the Presidential Records Act gives the president the sole authority to categorize records as personal or presidential during their time in office," which would make the case significantly more difficult to prosecute.
While Trump's attorneys approved of Canon's proposal, Smith's office argued that since Trump is being charged under the Espionage Act, which bans national difference documents from being willfully retained, the distinction between personal and presidential records should not apply.
The Presidential Records Act "should not play any role at trial at all," prosecutors said.
Trump has relied on the law in his defense.
"Both of the Court’s scenarios are fundamentally flawed and any jury instructions that reflect those scenarios would be error," Smith's office also wrote.
Despite their disagreement, prosecutors still proposed jury instructions for both scenarios and included the definitions used in the Presidential Records Act.
The illegally appointed Jack Smith.
Yes, where does that stand? I thought Trump’s legal team had filed regarding this?
This argument - that the President serves the Executive Branch rather than the other way around goes back at least to Watergate, and probably to 11/22/63.
The idea of an “independent” Justice Department is a Constitutional monstrosity.
Anyone appointed by the President, or working for an appointee, is subservient to the unitary Executive prescribed by Article II. This isn’t even a close question.
But we are far enough down this road that clawing back Presidential authority may be impossible.
Its starting to look like all the judges and DA’s in Trump trials received their degree of a match book cover.
The make the 3 stooges appear normal.
Jack, look in the mirror. You will see the person who is fundamentally as well as just mentally flawed.
I do not know. But Meritless Garland appointed him.
Cannon needs to hold this a-hole in contempt of court.
So far as his contempt of the judge is concerned, go for it Jack. See just where standing toe to to with her will get you.
I suppose that if President Trump kept a journal or notebook that contained incriminating evidence against deep state members, it would be a national security issue. And if he misplaced this information it would be criminal.
However, if they managed to seize it in a raid and subsequently destroyed or misplaced it, this would be a mere inconvenience.
Tyranny is whenever using “the law” becomes a ruse for whatever the tyrants want. That’s what’s happening now.
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