Miami, Florida – The judge and prosecutor in the classified document case involving former President Donald Trump are once again at odds, highlighting the ongoing conflicts plaguing the high-profile trial. U.S. District Judge Aileen Cannon recently rejected Trump’s attempt to dismiss charges related to hoarding classified documents, siding with Justice Department special counsel Jack Smith. However, Cannon’s refusal to finalize jury instructions before the defense presents its case has sparked a new dispute. Smith has threatened to appeal Cannon’s proposed instructions, claiming they are biased in favor of Trump.
This clash is just the latest in a series of conflicts between the judge and prosecutor in the case. The 11th U.S. Circuit Court of Appeals has already overturned two of Cannon’s previous decisions related to the review of seized documents at Trump’s Mar-a-Lago resort. Another contentious issue is the release of witness names before the trial, with prosecutors warning of potential threats and harassment.
At the heart of the dispute is the interpretation of the Presidential Records Act (PRA), a statute that designates most of a president’s documents as government property. Trump argues that he converted the classified records into personal documents before leaving the White House, making the PRA the appropriate legal framework for any dispute. Prosecutors, however, contend that the PRA is irrelevant to the case and have charged Trump with willfully retaining and failing to deliver national defense documents in violation of the Espionage Act.
The disagreement over the PRA has led to another potential point of appeal. Cannon requested input from both the prosecution and defense on two possible jury instructions, both of which echoed Trump’s position. Smith sought a prompt ruling from Cannon on the PRA issue, but she refused to finalize the instructions before the defense presents its case, describing such a move as unjust. Legal experts suggest that Smith may need to ask the appeals court to review Cannon’s lack of ruling on the instructions.
Furthermore, there is speculation that Smith could attempt to have Cannon removed from the case, a rare but potentially justifiable move according to some legal experts. This could potentially delay the trial until after the November election.
Trump is facing a total of 40 charges related to retaining national defense documents and concealing roughly 100 records with classified markings at Mar-a-Lago. He has pleaded not guilty to all charges.
The conflicts between the judge and prosecutor are indicative of the contentious nature surrounding the trial, and it remains to be seen how these disagreements will impact the proceedings going forward. The trial’s outcome holds significant implications for both Trump and the legal precedent surrounding the handling of classified documents by former presidents.