US rebels against judge over President Trump’s claim that classified records are private

Washington –

The federal prosecutor who was leading the case against Donald Trump, who kept classified documents after leaving office, suggested he might accept the former president’s claim that the records were personal property. Pushed back by the judge.

U.S. Special Counsel Jack Smith, in a court filing late Tuesday, instructs jurors to consider what he calls Trump’s “fundamentally flawed legal premise” Federal prosecutor Eileen Cannon His office said it would appeal the district judge’s ruling.

Trump, a Republican candidate who will challenge Democratic President Joe Biden in the November 5 election, was indicted last year on charges of illegally storing classified documents after leaving office in 2021 and obstructing efforts by the federal government to retrieve classified documents. He has pleaded not guilty to 40 charges.

Cannon, who was appointed to the court by President Trump, said Trump treated the documents as personal under a 1978 law called the Presidential Records Act that allows former presidents to preserve records unrelated to their official duties. He indicated his intention to accept the claim.

Prosecutors said the documents related to U.S. military and intelligence matters, including details about the U.S. nuclear program, and could not be construed as personal.

On March 18, the judge directed the prosecution and defense to propose jury instructions based on two legal scenarios in which Trump’s arguments could have an impact at trial.

Prosecutors say that in some scenarios, neither the jury nor the judge can question Trump’s claim that the records are private, effectively instructing the jury to acquit him. They argued that prosecutors needed time to “consider appellate review” and told Cannon to quickly decide whether to tell jurors that Trump’s allegations were relevant to the charges against him. asked to do so.

Smith’s filing said Cannon’s order is based on flawed legal premises and “distorts the course of justice.”

This is one of four criminal cases facing Trump. He has maintained his innocence in all of these charges and has sought to characterize them as politically motivated.

Trump’s lawyers reiterated their argument in a filing Tuesday night that Trump’s decision to treat the records as private meant he was dropping the charges before trial.

The Presidential Records Act was passed, giving the U.S. government ownership of the official records of the presidential administration. This would allow former presidents to keep certain records that are considered personal and unrelated to their official responsibilities.

President Trump argued that taking the materials to his Mar-a-Lago, Florida, mansion showed he treated the records as personal property. Prosecutors argue that records laws do not give former presidents the power to keep classified information.

Trump faces charges including violating the Espionage Act, which criminalizes the unauthorized possession of national defense information, and conspiracy to obstruct justice.

The scheduled May 20 trial date in the case is widely expected to be postponed.