Miami, Florida – Special counsel Jack Smith has raised concerns regarding a “fundamentally flawed legal premise” in the criminal case against former President Donald Trump. The case involves Trump’s retention of classified information and his potential claim of immunity under federal records law. Smith expressed his intention to appeal to a higher court if the judge, Aileen Cannon, rules in favor of Trump invoking the Presidential Records Act (PRA) in his defense.
The possibility of delaying the trial beyond the upcoming November election, where Trump will be the Republican nominee for president, has emerged. Trump is facing 40 charges related to retaining classified information after leaving the White House and alleged obstruction of efforts to recover such records. He has pleaded not guilty to all charges.
Cannon, who was appointed by Trump, has prompted discussions among lawyers about scenarios where jurors might be informed of Trump’s ability to cite the PRA in his defense. Smith’s recent filing highlighted the flawed legal premise of using the PRA to determine a former president’s authorization to possess highly classified documents under the Espionage Act.
In a separate filing, Trump’s lawyers reiterated their argument that the PRA supports Trump’s possession of the documents in question, countering claims of unauthorized possession under the Espionage Act. The trial, based in Florida, is just one of several legal challenges facing Trump, including civil tax fraud cases and defamation lawsuits.
Smith’s filing also mentioned the potential for seeking a writ of mandamus if Cannon allows Trump to invoke the PRA in his defense. Mandamus, according to the Legal Information Institute, is an order from a court to a government official demanding the fulfillment of official duties or correction of an abuse of discretion.
Concerns have been raised by legal experts and former White House officials about the implications of Cannon’s potential decisions in the case. If she upholds interpretations that are deemed legally questionable, Smith may pursue actions to seek her removal from the case. The unfolding legal proceedings are likely to have significant implications on Trump’s future legal challenges and political ambitions.