Trump prosecutor signals appeal in classified documents case, rebukes judge

Special counsel Jack Smith tore into the judge presiding over former President Donald Trump‘s classified documents case, claiming her proposed jury instructions contain a “flawed legal premise” worthy of appeal, according to a late filing Tuesday.

U.S. District Judge Aileen Cannon ordered defense lawyers for Trump and prosecutors to file submissions outlining hypothetical jury instructions based on competing interpretations of two laws relevant to the case. Her March 18 order suggested Trump may have had a legal right under the Presidential Records Act to declare records as personal after leaving office, a premise Smith said was wrong.

Special counsel Jack Smith arrives to speak to reporters on Friday, June 9, 2023, in Washington. (AP Photo/Jose Luis Magana)

Cannon, a Trump appointee, asked both parties to write two versions
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