March 19, 2024

This is nuts! Aileen Cannon wants to make up her own law in order to rationalize Trump's refusal to give back his presidential records. Via CNN:

Federal Judge Aileen Cannon issued an order Monday for lawyers to submit instructions for a trial jury in former President Donald Trump’s classified documents case – signaling that the debate over whether Trump had the authority to keep documents from his White House could remain a central issue of the case, which could help him at trial.

But – to the surprise and confusion of several legal experts on Monday – Cannon asked the attorneys in the case to consider how to incorporate into the trial the Presidential Records Act.

The request is an unusual one that leads both sides into hypothetical, untrodden territory.

Cannon asked both the Justice Department and defense team to contemplate how a jury could be told to weigh the criminal law around national security records if Trump could say the PRA gave him authority to keep documents he chose.

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