livingston
20×102mm Vulcan
Palm Beach County State Attorney Says Jack Smith Close to Using ‘Nuclear Button’ to Remove Judge Cannon From Trump Classified Docs Case Over Her Jury Instruction Order
“He is close to pushing the nuclear button,” said Palm Beach County State Attorney David Aronberg, according to NBC News. “It is a high burden to reach, and it is rarely done, but her proposed jury instructions may have pushed him to the breaking point.”Last month Judge Aileen Cannon issued a jury instruction order in Jack Smith’s classified documents case and the leftist legal analysts went apocalyptic.
The first option:
The second option is:In a prosecution of a former president for allegedly retaining documents in violation of 18 U.S.C. § 793(e), 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 (PRA).
Jack Smith earlier this week threatened to take the jury instruction fight to the appellate court.A president has sole authority under the PRA to categorize records as personal or presidential during his/her presidency. Neither a court nor a jury is permitted to make or review such a categorization decision. Although there is no formal means in the PRA by which a president is to make that categorization, an outgoing president’s decision to exclude what he/she considers to be personal records from presidential records transmitted to the National Archives and Records Administration constitutes a president’s categorization of those records as personal under the PRA.