Special counsel Jack Smith accuses judge of ‘fundamentally flawed’ juror request

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This is priceless. The rats in the Biden DOJ are scurrying.

Special counsel Jack Smith accuses Trump classified docs case judge of ‘fundamentally flawed’ juror request

Special counsel Jack Smith accused a federal judge late Tuesday of making a “fundamentally flawed” request regarding jury instructions as part of former President Donald Trump’s pending trial for hoarding classified documents in Florida.

Smith said US District Judge Aileen Cannon’s request for jury instructions rested on a faulty “legal premise” regarding “the possession and storage of classified information” and will “distort” the trial if allowed to stand, according to his court filing in the Southern District of Florida.

Cannon’s request asked for both Smith’s office and Trump’s attorneys to either assume in jury instructions that the former president could declassify any of the files or accept that the jurors must determine which documents were presidential and which were personal.

https://nypost.com/2024/04/03/us-ne...0ac5ee398aa806eacf&utm_term=NYP - News Alerts
 
The instructions came as a response to the Trump team’s motion to dismiss the case under the Presidential Records Act (PRA) of 1978, which argued the statute authorized the former president to designate sensitive documents as his personal property after leaving the White House.

In his Tuesday filing, Smith argued that the president has no such authority and the distinction regarding personal records — based on Section 793 of the Espionage Act — had “no bearing” on Trump’s alleged retention of “national defense information.”

“The PRA should play no role in the jury instructions on the elements of Section 793,” he wrote. “Indeed, based on the current record, the PRA should not play any role at trial at all.”

Smith further floated the option of an appeal to higher courts if Cannon “intends to include the PRA in the jury instructions.”

“If the Court concludes … that a President has carte blanche to remove any document from the White House at the end of his presidency … that would constitute a ‘clearly erroneous jury instruction that entails a high probability of failure of a prosecution,’” he noted, citing a 1994 decision by the US Third Circuit Court of Appeals.

Wrong again Jack! Section 793 of the Espionage Act has NOTHING to do with this case. This is all about Presidential authority under the PRA and the FACT that Presidents are the ultimate arbiters of what is and is not classified. PERIOD.

All the feet stomping, screaming and pounding little leftist fists won't change those FACTS.
 
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