Trump judge issues classified documents order that leaves legal experts baffled
US District Court Judge Aileen Cannon, who is overseeing Donald Trump’s classified documents case in Florida, has issued an unusual order concerning jury instructions that has left legal observers baffled.
On Monday, Judge Cannon instructed lawyers on both sides to file their proposed jury instructions by Tuesday 2 April on two topics related to two defence motions seeking to have the indictment against the former president dismissed outright.
The judge heard the arguments to dismiss the case in a hearing in Fort Pierce, Florida, last week.
During that hearing, Judge Cannon appeared sceptical that neither Mr Trump’s criticism of the Espionage Act nor his embrace of the Presidential Records Act (PRA) were strong enough arguments to dismiss the charges against him.
Indeed, she quickly rejected the notion that the 32 charges against the former president under the Espionage Age are unconstitutionally “vague” – denying the first motion on these grounds.
However, she is yet to rule on the motion to dismiss based on the argument that Mr Trump’s actions are covered by the PRA.
While voicing scepticism about both arguments, she did also suggest that some aspects might be valid enough to be considered by a jury at trial.
Now, Monday’s order concerning those instructions appears to suggest she is not only thinking ahead to a trial but also anticipating its conclusion around this matter.
Judge Cannon wants both the defence and prosecution to submit proposed jury instructions and verdict forms regarding the “essential elements” of the Espionage Act.
In the two-page order, she also suggested a degree of sympathy to some of Team Trump’s claims regarding the PRA allowing commanders-in-chief to declare highly classified documents as