Name: Jack Smith Urges Federal Judge to Change Course in Trump Case, Warns of Consequences
Uploaded: 2024-04-04T01:45:57.000Z
Description: The federal judge overseeing former President Donald Trump’s classified documents case in Florida needs to clarify recent instructions to parties so the government can seek a higher court ruling, special prosecutor Jack Smith said late April 2.

Jack Bradley is a Washington correspondent for NTD News based in Washington, D.C. Jack previously anchored "NTD Newsroom" and worked as an assistant producer for the show. 

Jack Bradley

NTD Plus

News

News with integrity, from the U.S. and around the world. Focused reports and analyses that shed light on major issues the world deserves to know. NTD Evening News airs daily at 6 p.m. ET.

NTD Evening News

China’s Broken Promises Loom Over New Trade Deals

David Lam is a national correspondent based in California and a part-time anchor for "NTD Tonight." Before joining NTD he was a financial analyst.

David Lam

Californians React as Trump Calls for Gas Tax Suspension

Arleen Richards is NTD's legal correspondent based at the network's global headquarters in New York City, where she covers all major legal stories. Arleen holds a Doctor of Law (J.D.).


Arleen Richards

Federal Agencies Announce ‘Summer Surge’ of Law Enforcement into DC Ahead of 250th Anniversary

Christina Corona is a California-based reporter for NTD News. She primarily covers California news, politics, and entertainment.  

Christina Corona

Trump Administration Reports Zero Border Releases

Arian Pasdar is an international correspondent for NTD News based in South America. His reporting focuses on immigration and key events in Latin America.

Arian Pasdar

US to Host 1st Ever World Cup Final Halftime Show, Featuring Shakira, Madonna

Savannah Pointer is a politics reporter for The Epoch Times. She can be reached at savannah.pointer@epochtimes.us

Savannah Hulsey Pointer

Jason Perry is an Army veteran and NTD's National Security Correspondent based at the network's global headquarters in New York City. Jason primarily covers border security, national defense, foreign wars, and veterans' issues.

Jason Perry

Health News

Texas Children's Hospital to Open First-Ever Detransition Clinic Under Deal With DOJ

Sam Wang is a Washington correspondent for NTD News based in Washington, D.C. Sam covers politics on Capitol Hill, and U.S.-China relations. 

Sam Wang

Citizens Honor Police for Their Service and Sacrifice

Cary Dunst is the news anchor for NTD Evening News. He is also the co-host of NTD Good Morning.


Cary Dunst

Trump ‘Projecting American Influence and Leadership’ on Iran Issue in Beijing: China Expert

Chris Bob is a reporter for NTD and a host of "Profiles of Service." He is also a small business owner. Chris graduated from Union College with a concentration in politics and religion in Russia and the former Soviet Union.

Chris Bob

Senate Panel Advances Crypto Regulation Bill

Jason Blair is a national correspondent for NTD News based in California. 

Jason Blair

Lawmakers Weigh ‘Sanctuary’ Polices After Woman’s Death in Virginia

NTD Evening News Full Broadcast (May 15)

NTD Evening News Full Broadcast (May 14)

NTD Evening News Full Broadcast (May 13)

NTD Evening News Full Broadcast (May 12)

NTD Evening News Full Broadcast (May 11)

Don Ma is an anchor and senior business correspondent based at the network's global headquarters in New York City. Don is the anchor and producer of NTD's "Business Matters," which airs weekdays at 4:30 pm ET.

Don Ma

NTD Evening News Full Broadcast (May 10)

NTD Evening News Full Broadcast (May 9)

NTD Evening News Full Broadcast (May 8)

NTD Evening News Full Broadcast (May 7)

NTD Evening News Full Broadcast (May 6)

NTD Newsroom comprises teams of reporters, editors, and producers assigned to cover breaking news and other stories.


NTD Newsroom

Fast, compelling, first-hand news from China. China in Focus airs Monday–Friday at 8 p.m. ET.

China in Focus

China Sends Warships to Pacific Drill as Tensions With Japan Rise

Reuters is a news agency owned by Thomson Reuters. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide writing in 16 languages.

Reuters

We present news that is truthful and based on facts, outside of the political fog. Instead of focusing on the negative things happening around us, our mission is to give our viewers a good morning with empathetic and uplifting stories. Our aim is to provide an antidote to negativity by shining a light on the best side of people. We speak to inspiring people who positively impact communities, pursue topics that represent our common human values, and will never miss an opportunity to bring you heartwarming stories.

NTD Good Morning

2 US Embassy Personnel Assigned to Cartel Case Killed in Car Accident

The Associated Press is an American not-for-profit news agency headquartered in New York City. 

The Associated Press

US News

Gunman Kills 8 Children, Including 7 of His Own, in Louisiana Mass Shooting

Flora Hua is a reporter based at NTD's global headquarters in New York City, where she covers China news, U.S.-China relations, and human rights issues. Flora primarily contributes to NTD's "China in Focus."  

Flora Hua

Trump: Seized Iranian Ship May Have ‘A Gift From China’

Joseph Lord is a congressional reporter for The Epoch Times.


Joseph Lord

Aldgra Fredly is a freelance writer covering U.S. and Asia Pacific news for The Epoch Times.

Aldgra Fredly

Former NYC Mayor Rudy Giuliani Hospitalized in Critical Condition: Spokesman

Wildfires Across Georgia and Florida Have Destroyed Nearly 50 Homes and Are Forcing Evacuations

News you can trust from the U.S. and around the world. Critical information and insight. We cover the stories that others don’t. NTD News Today airs Monday–Friday at 11 a.m. ET.

NTD News Today

US Warns of China Hacks via Routers, Smart Devices

Juliet Song is an international correspondent exclusively covering China news for NTD. She primarily contributes to NTD's "China in Focus," covering U.S.-China relations, the Chinese regime's human rights abuses, and domestic unrest inside China.

Juliet Song

2 Americans Among Suspected Communist Rebels Killed in Clashes With Troops, Philippine Officials Say

Ryan Morgan is a reporter for The Epoch Times focusing on military and foreign affairs. He was previously a news writer for NTD. 


Ryan Morgan

Mari Otsu is NTD's White House correspondent based in Washington. 

Mari Otsu

World News

Middle East

Iran

3 US Warships Fend Off Iranian Attacks, Trump Says Ceasefire Still Holds

3 Dead in Suspected Hantavirus Outbreak on Cruise Ship in Atlantic Ocean: WHO

The federal judge overseeing former President Donald Trump’s classified documents case in Florida needs to clarify recent instructions to parties so the government can seek a higher court ruling, special prosecutor Jack Smith said late April 2.

In March, U.S. District Judge Aileen Cannon, who was appointed by President Trump, <a href="https://www.theepochtimes.com/us/judges-jury-instructions-hold-door-wide-open-to-trump-win-in-classified-documents-case-5609924">ordered</a> prosecutors and the defendant’s lawyers to file proposals for jury instructions.

The parties must offer “alternative draft text” that assumes two “competing scenarios” are “a correct formulation of the law to be issued to the jury,” she wrote. The scenarios are former presidents being able to retain personal records under the Presidential Records Act (PRA), and presidents being able to designate records as personal.

But both scenarios rest on a “fundamentally flawed legal premise,” Mr. Smith and his team wrote <a href="https://www.documentcloud.org/documents/24529919-jack-smith-filing-april-2">in the new filing</a>.

The distinction in the PRA between personal and presidential records is irrelevant because President Trump has been charged under the Espionage Act, prosecutors said.

“Based on the current record, the PRA should not play any role at trial at all,” they wrote, urging Judge Cannon to “decide whether the unstated legal premise underlying the recent order does, in the Court’s view, represent ‘a correct formulation of the law.’”

If Judge Cannon wrongly decides that it does, the filing states, then the government may seek intervention from a higher court.

They cited a ruling by an appeals court in a separate case that concluded, “the adoption of a clearly erroneous jury instruction that entails a high probability of failure of a prosecution—a failure the government could not then seek to remedy by appeal or otherwise—constitutes the kind of extraordinary situation in which we are empowered to issue the writ of mandamus.”

A writ of mandamus is an order to a lower court.

“The question of whether the PRA has an impact on the element of unauthorized possession … does not turn on any evidentiary issue, and it cannot be deferred,” prosecutors said. “It is purely a question of law that must be decided promptly. If the court were to defer a decision on that fundamental legal question it would inject substantial delay into the trial and, worse, prevent the government from seeking review before jeopardy attaches.”

President Trump, charged with 32 counts of violating the Espionage Act for retaining what the government described as national defense documents and other sensitive materials after his presidency, has stated that under the PRA, he could designate even classified records as personal and retain them upon leaving office.

“There is no basis for the special counsel’s office, this court, or a jury to second-guess President Trump’s document-specific PRA categorizations,” his lawyers wrote <a href="https://www.documentcloud.org/documents/24529918-trump-filing-april-2">in a separate filing</a> on April 2.

Proposed jury instructions from President Trump said that to establish unauthorized possession of the records in question, “the government must prove beyond a reasonable doubt that the document you are considering is a ‘presidential record’ and not a ‘personal record.'”

“Before the end of President Trump’s term in office on January 20, 2021, President Trump had exclusive authority under the Presidential Records Act to, himself or in working with his staff, categorize records as either ‘presidential records’ or ‘personal records,’ and he was authorized to possess both types of records,” the proposed instructions state.

In proposed instructions from prosecutors, jurors would be told that possession of classified records is unauthorized if a person “does not hold a security clearance or the individual does not have a need to know the information.”

“I instruct you, however, that, as to a former president, even if he lacks a security clearance, lacks a need to know classified information, and stores information outside of a secure facility, he is authorized to do so if the classified information is contained within a ‘personal record,’ as that term is defined by the Presidential Records Act (PRA), a statute that establishes the public ownership of presidential records and ensures the preservation of presidential records for public access after the termination of a president’s term in office,” the instructions state.

“Therefore, to determine whether the defendant had ‘unauthorized possession’ of the documents charged in Counts 1-32, you must determine whether each document was a ‘presidential record’ or a ‘personal record’ within the meaning of the PRA.”

Prosecutors said they were offering the draft instructions to comply with Judge Cannon’s order even as they protested against the premise.

<em>From <a href="https://www.theepochtimes.com/us/jack-smith-urges-federal-judge-to-change-course-in-trump-case-warns-of-consequences-5620807">The Epoch Times</a></em>

Latest

trump

Videos

Politics

04_Top Stories

classified

case

documents

Latest Clips

Smith

Zachary Stieber is a senior reporter for The Epoch Times based in Maryland. He covers U.S. and world news. Contact Zachary at zack.stieber@epochtimes.com

Zachary Stieber

2024 Elections

Donald Trump

Trump Indictments

Trump DOJ Indictment

Latest and breaking news, documentaries, movies, and lifestyle content on NTD+.
 
Empower your knowledge and elevate your spirit with NTD+, your go-to destination for truthful news, insightful documentaries, and captivating lifestyle content that enriches your life.