Jack Smith slams judge’s handling of Trump classified documents case
The IndependentSign up for the daily Inside Washington email for exclusive US coverage and analysis sent to your inbox Get our free Inside Washington email Get our free Inside Washington email SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy Special counsel Jack Smith has slammed the judge presiding over Donald Trump’s federal classified documents case over an order in which she asked prosecutors and defence lawyers to file proposed jury instructions based on a “fundamentally flawed legal premise”. Neither a court nor a jury is permitted to make or review such a categorization decision.” She continued by saying that an outgoing president’s decision to exclude personal records from those returned to the government “constitutes a president’s categorization of those records as personal under the PRA.” Prosecutors say that interpretation of the law is wrong and urged Judge Cannon to move quickly and reject the defence motion to dismiss. “The PRA’s distinction between personal and presidential records has no bearing on whether a former President’s possession of documents containing national defense information is authorized under the Espionage Act, and the PRA should play no role in the jury instructions on the elements of Section 793,” they wrote, citing the statute that makes it a crime to illegally retain national defence information. If that were the case, then just grant Trump’s motion to dismiss on PRA grounds so DOJ bring it to the 11th circuit for a quick reversal.” Longtime Trump foe George Conway was even more scathing: “In the decades that I have been a lawyer, this is the most bizarre order I’ve ever seen issued by a federal judge.