Washington, D.C. – In a significant development, the judge presiding over Donald Trump’s case involving classified documents issued a unique order regarding jury instructions, despite not having made a ruling on the trial date or other key issues. U.S. District Court Judge Aileen M. Cannon directed lawyers to submit proposed jury instructions by April 2 on topics related to defense motions seeking to dismiss the indictment outright.
Cannon, a judge nominated by Trump and serving since late 2020, heard arguments last week regarding the defense motions. During the hearing, she expressed skepticism about Trump’s challenges to the Espionage Act and his interpretation of the Presidential Records Act, indicating that these arguments may play a role in jury instructions.
The focus on jury instructions indicates that Cannon is looking ahead to a potential trial for the former president. Her two-page order also reflects an openness to some of the defense’s arguments regarding the Presidential Records Act, although legal experts note that the Act does not allow presidents to declare classified documents as personal property.
The order called for consideration of two hypothetical scenarios related to the categorization of records as personal or presidential under the Presidential Records Act. This includes whether a former president’s possession of a record can be determined by a jury or if the president has sole authority to categorize records during their term.
Trump’s case in Florida marks the first instance of a former president facing charges for violating national security laws by allegedly retaining classified documents at his home post-presidency. Amid efforts to delay the trials until after the election, Cannon is deliberating over pretrial issues involving the use of classified documents as evidence.
While Cannon acknowledged some of Trump’s arguments regarding the Espionage Act, she emphasized the need for further consideration before dismissing charges. Trump’s lawyers have also filed motions to dismiss the case on various grounds, including claims of politically motivated prosecution.
Moreover, during the hearing, Cannon questioned the prosecutors on distinguishing Trump’s conduct from that of other officials with similar circumstances, hinting at potential future motion hearings. The case continues to garner attention as it unfolds in the legal arena.