- In a filing Tuesday, special counsel Jack Smith's team criticized a request from the judge presiding over the case involving Pres. Donald Trump's alleged retention of classified documents after his presidency. PBS NewsHour (LR: 3 CP: 5)
- Smith's team wrote that US District Judge Aileen Cannon relied on a "fundamentally flawed legal premise" when she asked the prosecution and defense to propose jury instructions on the scenarios in which Trump could be protected under the Presidential Records Act (PRA). Voice of America
- Cannon's request could signal that she's receptive to the premise that Trump was permitted to retain classified documents. Smith wrote that he would appeal any decision that doesn’t reject the premise. Daily Caller (LR: 5 CP: 4)
- Smith also wrote that Trump didn't designate the classified documents as personal while in office, meaning the 1978 law doesn't apply in this case. Forbes (LR: 3 CP: 5)
- Cannon has yet to rule on Trump’s motions to dismiss the case, and a trial date hasn’t been set, though it was originally scheduled for late May. Trump has pleaded not guilty to 40 charges of retaining classified documents. CBS (LR: 2 CP: 5)
Anti-Trump narrative:
- With this filing, Smith dismantled any notion Trump could be protected by the PRA, and he's schooling Cannon on how to apply the law in this case. The PRA doesn’t apply to a president who was out of office for more than a year, and Smith knows this is just Trump's way of stalling. If Cannon doesn’t adhere to established legal principles, Smith will have no choice but to appeal.
MSNBC (LR: 1 CP: 5)
Pro-Trump narrative:
- Smith is obviously growing frustrated because his case is falling apart, so he's taking out his anger on Cannon. In his haste to prosecute Trump, Smith can't handle the fact that the judge wants to make sure the jury is provided everything it needs to reach a proper decision. Smith may want to get this case to trial before the November election, but Cannon knows there are steps that need to be taken to ensure proper justice.
PJ MEDIA (LR: 4 CP: 4)
Nerd narrative:
- There's a 50% chance that Trump’s classified documents trial will begin by June 2025, according to the Metaculus prediction community.
METACULUS (LR: 3 CP: 3)