Summer Concepcion is a politics reporter for NBC News.
Special counsel Jack Smith strongly criticized a recent order by the judge presiding over the case of former President Donald Trump’s alleged mishandling of classified documents, saying that her request for jury instructions from his office and Trump's lawyers is based on a “fundamentally flawed legal premise.” In a court filing Tuesday, Smith argues that the legal premise behind Judge Aileen Cannon’s request is “wrong” and that it would “distort” the trial.
“Both scenarios rest on an unstated and fundamentally flawed legal premise — namely, that the Presidential Records Act , and in particular its distinction between ‘personal’ and ‘Presidential’ records determines whether a former President is ‘authorized,’ under the Espionage Act to possess highly classified documents and store them in an unsecure facility,” Smith's team wrote in the filing.
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