Via Jazz Shaw, Judge Cannon seems open to Trump's arguments in the (Florida) documents trial.
US judge receptive to Trump documents claims in warning sign for prosecutors
By Andrew Goudsward
WASHINGTON, April 1 (Reuters) - A federal judge overseeing the criminal case that accuses Donald Trump of mishandling classified documents has signaled an openness to the former U.S. president's defense claims, in a sign that prosecutors might face a difficult road ahead.
U.S. District Judge Aileen Cannon, who was nominated to the bench by Trump, has asked Trump and prosecutors to propose jury instructions based on two legal scenarios that favor a claim from Trump that national security lawyers said have little relevance to the charges.
Trump and Special Counsel Jack Smith, who brought the case, face a Tuesday deadline to respond to the judge's order.
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At issue in Cannon's recent order is Trump's claim that he treated the documents as personal under a 1978 law that allows former presidents to keep records that have no connection to their official responsibilities.
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She later ordered dueling sets of proposed jury instructions, assuming either that the government would have to prove the records belong to the government, or that neither the judge nor the jury could question Trump's stance that they are personal.
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Mark Zaid, a defense lawyer who has worked on cases involving classified information, said he is unaware of an instance when a document produced by a federal agency was declared a personal record by a president.
Allowing a jury to consider those claims would "give Trump a fighting chance in a jury trial that would never likely exist in another case," Zaid said.
Mark Zaid is a lefty who sides with the left in every case so of course he's the media's go-to guy for commentary.
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Cannon ruled in Trump's favor in a legal challenge to the investigation filed before charges were brought, which was later reversed by a federal appeals court.
She has signaled support for some of Trump's other arguments, including his request for more records from the Biden administration to attempt to build a case that the investigation was politically motivated.
In a setback for Trump's defense, Cannon last month rejected an attempt to invalidate the central charge against him -- willfully retaining classified information. Cannon said Trump's lawyers could raise the issue later, noting it raised arguments "warranting serious consideration."
Matt Margolis at PJMedia thinks Jack Smith's case is "falling apart."
Jack Smith has transferred the evidence, such as it is, from his rogue grand jury investigation in DC to the Florida court.
But Judge Cannon may not be as receptive to tactics such as compelling a lawyer to violate lawyer-client confidentiality as the Banana Republic DC court was.
"Special Counsel Jack Smith could be blocked from using evidence against Donald Trump contained in grand jury investigation files, which were transferred to the former president's Florida classified documents case this week, a former prosecutor has suggested," reports Newsweek. "In 2023, a grand jury in Washington, D.C., heard evidence from witnesses--including Trump's attorney, Evan Corcoran--while considering whether charges should be brought against the former president and others for hoarding classified documents. However, Trump and his co-accused were later indicted in Florida and, under federal rules, the grand jury files were transferred on Monday to Trump-appointed judge, Aileen Cannon's court."
According to former prosecutor Bill Shipley, the transfer of the case from D.C. to Florida gives Judge Cannon control over what evidence can be included--especially testimony that may have violated attorney-client privilege.
@shipwreckedcrew
Yes but....
As I said at the time, because the case wasn't going to be prosecuted in DC, the rulings made as part of the grand jury investigation are not binding on Cannon.
She can exclude Corcoran as a witness by upholding the claim of privilege.
She can preclude SCO Smith from using any evidence she deems was obtained in an improper manner.
That's the risk that Smith ran by conducting the case in the fashion he did.
Finally, Trump has posted the $175 million bond in Tish James' rogue prosecution.
The case now goes through the appeals process -- and some court along the line is going to kill this travesty dead.
Eric Trump
@EricTrump
Bond filed. We look forward to vindicating our rights on appeal.
Even more finally: The Bee.