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Judge Aileen Cannon’s Jury Instruction Order
Judge Aileen Cannon recently issued a jury instruction order in the classified documents case involving Jack Smith, prompting strong reactions from leftist legal analysts. The order presented two distinct options for jury instructions, sparking debate and concern within the legal community.
- The first option:
In a prosecution scenario where a former president stands accused of unlawfully retaining documents in violation of 18 U.S.C. § 793(e), the jury is empowered to analyze a record retained by the former president in their personal possession at the conclusion of their presidency. Subsequently, the jury is tasked with determining, based on the definitions outlined in the Presidential Records Act (PRA), whether the government has adequately demonstrated beyond a reasonable doubt whether the record in question is personal or presidential.
- The second option:
Under this option, it is stipulated that a president possesses the exclusive authority, as outlined by the PRA, to classify records as personal or presidential during their term in office. Neither the judiciary nor a jury retains the jurisdiction to make or review such classification decisions. Despite the absence of a formal framework in the PRA for a president to make this categorization, the decision by an outgoing president to exclude records deemed personal from presidential records transmitted to the National Archives and Records Administration effectively serves as the president’s classification of those records as personal under the PRA.
Legal Analysts’ Reactions
Renowned CNN legal analyst Norm Eisen expressed strong disapproval of both options presented in Judge Cannon’s jury instruction order. Eisen criticized the options, suggesting that they may unfairly favor former President Trump in the ongoing legal battle. According to Eisen, the judge’s inclination to allow these options raises concerns about the trial’s fairness and potential outcome.
On the other hand, MSNBC’s legal reporter Jordan Rubin highlighted the significance of jury instructions in Donald Trump’s classified documents case. Rubin expressed apprehension over Judge Cannon’s approach, characterizing her decisions as potentially advantageous to Trump’s defense. He highlighted the implications of these instructions on the burden of proof faced by special counsel Jack Smith, emphasizing the need for a fair and unbiased legal process.
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