Still nothing filed yet. (It will happen the minute I go to dinner) But prepare yourselves tonight for the usual suspects to implode and call for Cannon’s recusal (again).
Jack Smith is on the hot seat to explain the untested nature of PRA in terms of who has final authority to determine whether a record is personal or presidential. (Hint: it’s not National Archives bc as DOJ admitted during last hearing, NARA has no enforcement authority.)
Smith will again argue PRA has no bearing on the case even though NARA used PRA as an excuse to collect files from Trump.
Now Cannon’s real objective (I believe) is to get Smith to identify the official or agency ultimately responsible for determining the “unauthorized possession” of a national defense record.
Jay Bratt had no good answer during 3/14 hearing—except to say that Trump’s “unauthorized possession” of 32 files representing the Espionage Act charges against Trump happened the moment he left office.
This I believe is exactly what Cannon wants on the record. Because if that’s the government’s view, everyone—including Biden and Pence—should be charged accordingly.
Jack Smith is on the hot seat to explain the untested nature of PRA in terms of who has final authority to determine whether a record is personal or presidential. (Hint: it’s not National Archives bc as DOJ admitted during last hearing, NARA has no enforcement authority.)
Smith will again argue PRA has no bearing on the case even though NARA used PRA as an excuse to collect files from Trump.
Now Cannon’s real objective (I believe) is to get Smith to identify the official or agency ultimately responsible for determining the “unauthorized possession” of a national defense record.
Jay Bratt had no good answer during 3/14 hearing—except to say that Trump’s “unauthorized possession” of 32 files representing the Espionage Act charges against Trump happened the moment he left office.
This I believe is exactly what Cannon wants on the record. Because if that’s the government’s view, everyone—including Biden and Pence—should be charged accordingly.
Cannon repeatedly focused on the “unauthorized possession” language in Espionage Act. If Trump as President took documents, didn’t he de facto render them “authorized?” Who has authority over the president to render the taking of records created during his presidency as “unauthorized?”
Cannon has not yet ruled on the motion to dismiss based on PRA. My guess is the early ask for draft jury instructions will help animate her decision. Still a long shot she will dismiss on PRA grounds (if anything, she hinted she’s more inclined to do so under selective/vindictive prosecution motion that still is not public). But this could aid in that decision, too.
Cannon has not yet ruled on the motion to dismiss based on PRA. My guess is the early ask for draft jury instructions will help animate her decision. Still a long shot she will dismiss on PRA grounds (if anything, she hinted she’s more inclined to do so under selective/vindictive prosecution motion that still is not public). But this could aid in that decision, too.
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