Special counsel slams idea that Trump could claim classified docs as personal records
In a late-night filing on Tuesday, special counsel Jack Smith responded to U.S. District Court Judge Aileen Cannon’s consideration of the notion that former President Donald Trump had personal ownership over classified materials central to the ongoing legal proceedings.
Smith’s team vehemently argued against this interpretation, labeling it as “pure fiction” and lacking merit.
Special counsel Smith’s filing countered Trump’s assertion that he possessed unchecked ability to claim all classified records as his personal property.
Citing evidence gathered, including interviews with Trump’s Presidential Records Act representatives and high-ranking White House officials, Smith’s team asserted that Trump had not designated records as personal.
Special counsel Smith’s office cautioned Judge Cannon against entertaining such an interpretation of the Presidential Records Act, emphasizing that any decision to proceed with this notion must be communicated well in advance of trial.
They hinted at potential appellate review, indicating a readiness to seek relief from the 11th Circuit Court of Appeals if necessary.
The special counsel’s filing referenced previous opinions from the 11th Circuit, emphasizing that Trump lacked personal interest in the seized documents from the FBI’s 2022 search of Mar-a-Lago.
This legal argument forms a critical part of Smith’s strategy to refute Trump’s claim of personal ownership over the classified materials.
In a revealing section of the filing, Smith’s team highlighted communications between Trump’s associates and the president of conservative group Judicial Watch, Tom Fitton.
These communications, dated back to February 2022, purportedly contradict Trump’s later claims regarding the nature of the classified records.
The filing included drafts of hypothetical jury instructions that Smith’s team argued would result in incorrect legal guidance. These instructions, if accepted, would significantly impact the trial’s outcome by potentially absolving Trump of guilt based on a flawed interpretation of his presidential authority.
In response to Judge Cannon’s order, Trump’s legal team submitted various hypothetical jury instructions aiming to secure an immediate acquittal for the former president.
These instructions revolved around Trump’s presidential authority to classify and declassify information, seeking to establish his actions as legally appropriate during his tenure.
Trump’s classified documents trial, initially slated for May 20, faces likely delays as both sides present arguments.
Judge Cannon is expected to reassess the trial date in light of recent developments and pending motions, indicating a prolonged legal process ahead.
In summary, the latest developments in the case underscore the intense legal battle surrounding Trump’s alleged mishandling of classified materials and the complexities of interpreting presidential authority under the law.
Also Read: Judicial Clampdown: Trump Gagged Over Attacks on New York Judge’s Kin In Hush Money Case
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