Florida Trump Prosecution: Jack Smith Throws Fit Over Possible Jury Instructions That May Sink His Case
In a prosecution of a former president for allegedly retaining documents in violation of 18 U.S.C. § 793, a jury is permitted to examine a record retained by a former president in his/her personal possession at the end of his/her presidency and make a factual finding as to whether the government has proven beyond a reasonable doubt that it is personal or presidential using the definitions set forth in the Presidential Records Act .
Attached as Exhibit B is a proposed verdict form relating to scenario , which uses Count 1 as an example for each of Counts 1 through 32. Scenario from the Court’s Order is addressed below in connection with President Trump’s renewal of his pretrial motion to dismiss Counts 1 through 32 on vagueness grounds, and because the Court’s correct statement of the law in scenario means that Counts 1 through 32 fail to state an offense under Rule 12.
That legal premise is wrong, and a jury instruction for Section 793 that reflects that premise would distort the trial. If the Court wrongly concludes that it does, and that it intends to include the PRA in the jury instructions regarding what is authorized under Section 793, it must inform the parties of that decision well in advance of trial. The Government must have the opportunity to consider appellate review well before jeopardy attaches….
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