The MAGA-friendly federal judge who keeps siding with Donald Trump in his Mar-a-Lago classified records case has forced prosecutors to make a stark choice: allow jurors to see a huge trove of national secrets or let him go.

U.S. District Judge Aileen M. Cannon’sultimatum Monday night came as a surprise twist in what could have been a simple order; one merely asking federal prosecutors and Trump’s lawyers for proposed jury instructions at the upcoming trial.

But as she has done repeatedly, Cannon used this otherwise innocuous legal step as yet another way to swing the case wildly in favor of the man who appointed her while he was president.

Department of Justice Special Counsel Jack Smith must now choose whether to allow jurors at the upcoming criminal trial to peruse the many classified records found at the former president’s South Florida mansion or give jurors instructions that would effectively order them to acquit him.

  • ryathal
    link
    fedilink
    arrow-up
    2
    arrow-down
    29
    ·
    9 months ago

    The government doesn’t get to just claim things. If they want beyond all reasonable doubt that files were actually dangerous they have to show the files. They could try just going the expert testimony route, but that is a lot harder to prove. Another option would be getting Trump to agree the documents were classified, but that’s a dumb move to agree.

    • noisefree@lemmy.world
      link
      fedilink
      arrow-up
      25
      ·
      9 months ago

      Lol, the documents are either marked classified or not - he’s not being prosecuted for having “dangerous” (whatever that means) files, he’s being prosecuted for possessing and improperly handling classified files and trying to hide evidence of this and refusing to turn them over when asked to do so.

      The core of the alleged crime deals with documents that are classified, not the contents of the classified documents, it does not matter why the documents were classified, only that they are classified. Whether the documents should be classified or where to mundane to be classified in the first place is not something for the jury to consider and not what the prosecution is about; any suggestions to the contrary are smoke and mirrors meant to muddy public discourse.

      All the jury needs to be able to verify about the documents possessed by Trump is whether they were marked classified or not, which is a matter of record and is generally denoted by the documents being marked as such.

      The judge is being absolutely unreasonable here and the only benefit of the doubt she can be granted is that maybe she just doesn’t understand the law (which would be pretty much just as bad).

      This AP timeline of the events leading up to the indictment is a neutral recounting of the facts surrounding the case that should help provide a better understanding, assuming you’re posting in good faith.

    • Crashumbc@lemmy.world
      link
      fedilink
      English
      arrow-up
      17
      ·
      9 months ago

      I’m pretty sure nothing in the law states that only “dangerous” classified stuff counts. The government absolutely has final say in what is classified.

      • vaultdweller013
        link
        fedilink
        arrow-up
        5
        ·
        9 months ago

        Yeah it could be the Navy’s secret ice cream recipe and it wouldnt change the consequences.