Nonilex, to Law
@Nonilex@masto.ai avatar

Federal judge #AileenCannon on Thurs rejected #Trump's argument that the #ClassifiedDocuments case should be tossed out because he viewed the material as his #personal records.

#Trump argued that his retention of highly sensitive documents was authorized under a the #PRA.

#criminal #law #obstruction #EspionageAct #SpecialCounsel #JackSmith
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.431.0.pdf

Nonilex,
@Nonilex@masto.ai avatar

It should also be noted that the #PresidentialRecordsAct (PRA) is a #CIVIL #law.

The PRA is from Title 44 of the #UnitedStates Code (USC) which has to do w/the role of public printing & #documents.

The #PRA is Chpt 22 of 44 USC & has 9 sections: §2201-2209
https://www.law.cornell.edu/uscode/text/44/chapter-22

cdarwin, to random
@cdarwin@c.im avatar

Trump special counsel fires back at Cannon order that could disrupt case

Special counsel warned the judge overseeing Donald Trump’s case that
👉she is pursuing a legal premise that “is wrong”
and said he would probably to a higher court if she rules that a federal records law can protect the former president from prosecution.
In a near-midnight legal filing, Smith’s office pushed back hard against an unusual instruction from U.S. District Judge M.
— one that veteran national security lawyers and former judges have said badly misinterprets the Presidential Records Act and laws related to classified documents.
Smith’s filing represents the most stark and high-stakes confrontation yet between the judge and the prosecutor,
illustrating the extent to which a ruling by Cannon that legitimizes the as a defense could eviscerate the historic case.

It sets up the possibility that a government appeal of such a ruling could delay the trial well beyond November’s presidential election, in which Trump is the presumptive Republican nominee.

https://www.washingtonpost.com/national-security/2024/04/03/trump-documents-case-cannon-jack-smith/

Nonilex, to Law
@Nonilex@masto.ai avatar

The -friendly federal judge who keeps siding w/ in his case has forced prosecutors to make a stark choice: allow to see a huge trove of or let him go.

US District Judge ’s ultimatum Mon night came as a surprise twist in what could have been a simple order; one merely asking federal prosecutors & Trump’s lawyers for proposed at the upcoming .


https://www.thedailybeast.com/mar-a-lago-judge-rules-jury-sees-top-secret-files-or-trump-wins

Nonilex,
@Nonilex@masto.ai avatar

@bblaze

Applying (the albeit flawed) logic:

The PRA doesn’t apply for JURY INSTRUCTIONS, because acc/to Cannon’s own order that is a matter of .

Using 's bizarre formula, designated the docs as "personal" simply by taking them.

Then refer to the sentence prior to highlighted Cannon PRA interpretation.

She says they are personal just by not giving them to NARA, & therefore the issue counts only as a matter of law & cannot go to a jury.

bblaze,
@bblaze@iceshrimp.social avatar

@Nonilex

That language looks very similar to…

“Under the statutory scheme established by the Presidential Records Act, the decision to segregate personal materials from Presidential records is made by the President during the President’s term, and in the President’s sole discretion.”

  • Judge Amy Berman Jackson, Judicial Watch v. National Archives, 2012

casetext.com/case/judicial-watch-inc-v-natl-archives-records-admin

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