Special counsel Jack Smith is urging a federal judge to keep the Presidential Records Act (PRA) out of the jury instructions in the classified documents case against former President Donald Trump. Prosecutors argued that including the law in the instructions could jeopardize the proceedings, and they would appeal if the judge ruled against them. The judge asked for jury instructions based on hypothetical scenarios involving the PRA, one of which could nullify much of the case against Trump by giving him broad power over document categorization.
Federal prosecutors rejected the judge’s scenarios and argued that the PRA should not play a role in the trial, as Trump’s alleged mishandling of records occurred after his presidency. The special counsel recommended that jurors focus on determining whether Trump willfully retained national defense information without authorization. The former president’s legal team supported the judge’s suggestion of broad power under the PRA, arguing that Trump was authorized to access classified records during his presidency.
Trump’s defense team claimed that the jury should not have to decide on PRA categorizations and documents’ classification status, as it is a matter of law rather than fact. They argued that Trump was still the president when many documents were transported to his residence and that the PRA grants him discretion over recordkeeping without judicial review. The special counsel contended that the recovered documents had classified markings and were presidential, not personal, asserting that Trump was not authorized to possess classified records.
The federal investigation into Trump’s handling of classified records led to a search of his Mar-a-Lago residence after he allegedly failed to respond to a grand jury subpoena. Smith’s team accused Trump of using the PRA as a defense after the probe began, calling it a fictional claim without support from witnesses or communications with his defense team. Trump’s legal team maintained that he had the authority to categorize records under the PRA and should not be prosecuted for his document handling. The judge has yet to rule on dismissal motions filed by Trump and his aides, or set a trial date.
Cannon has not issued a ruling on the indictment or motions filed by Trump, Nauta, and de Oliveira. The special counsel is pushing for a trial to begin in July, while Trump initially requested a delay until the fall election but later suggested August. The unresolved issues include protected witness names and other pending motions in the case. The special counsel continues to argue for a trial without the involvement of the PRA in the jury instructions and maintains that Trump’s alleged conduct was not authorized under the law.
