A federal judge overseeing the criminal case against former U.S. President Donald Trump, who is accused of mishandling classified documents, has shown an inclination towards Trump's defense arguments, indicating potential challenges for the prosecutors. U.S. District Judge Aileen Cannon, appointed by Trump, has asked both sides to propose jury instructions based on legal scenarios that favor Trump, which experts believe are largely irrelevant to the charges. Trump and Special Counsel Jack Smith have until Tuesday to respond to the judge's directive.
Cannon's support for Trump's contentions regarding sensitive records taken to Mar-a-Lago upon his departure from the White House is noteworthy, given Trump's typical confrontations with judges. This dynamic could significantly affect the trajectory of the case. Brandon Van Grack, a former Justice Department official, noted the court's apparent bias.
Trump has pleaded not guilty to charges of retaining secret records related to national defense and obstructing government efforts to recover them. He portrays the cases as politically motivated attacks aimed at undermining his campaign against Democrat Joe Biden.
At the heart of Cannon's recent order is Trump's assertion that he treated the documents as personal property under a 1978 law allowing former presidents to retain non-official records. Prosecutors argue that the documents are not personal, as they pertain to national security. Cannon, skeptical of Trump's claim, indicated that it might carry weight at trial.
She requested opposing sets of proposed jury instructions, assuming either that the government must prove the records belong to them or that neither the judge nor the jury could question Trump's assertion of personal ownership. National security lawyer Kel McClanahan deemed both scenarios irrelevant and in favor of the defendant. Defense lawyer Mark Zaid expressed doubt about any instance where a federal agency's document was deemed a personal record by a president.
The trial date is uncertain as Cannon considers requests from both sides to postpone the scheduled May 20 trial until later in the summer. Despite Trump's criticism of judges in his other cases, Cannon has not drawn his ire. She previously ruled in Trump's favor in a pre-charge legal challenge, later reversed by an appeals court. Cannon also signaled support for Trump's request for additional records from the Biden administration to support claims of political motivation behind the investigation.
In a setback for Trump, Cannon rejected a recent attempt to invalidate the central charge against him but left open the possibility for Trump's lawyers to raise the issue later, acknowledging its potential significance.