Special counsel Jack Smith urged a federal judge to exclude the Presidential Records Act (PRA) from jury instructions in the classified documents case against former President Donald Trump, as per court documents filed by Smith’s team. Prosecutors argued that including the PRA in instructions could jeopardize the trial and indicated they would appeal the judge’s decision if necessary. The judge had asked for jury instructions based on hypothetical scenarios involving the PRA, one of which could nullify much of the special counsel’s case against Trump.
Federal prosecutors rejected the proposed scenarios and argued that the PRA should not play a role in the trial as Trump’s alleged mishandling of classified records occurred after his presidency ended. The special counsel recommended that jurors focus on determining whether Trump willfully retained national defense information without authorization, rather than getting involved in PRA categorizations. Trump’s legal team, on the other hand, supported the judge’s suggestion that would grant Trump broader power under the PRA.
Trump is facing a 40-count indictment, including alleged violations of national security laws and obstruction of justice related to mishandling classified government documents. The FBI recovered over 300 sensitive records from Trump’s Mar-a-Lago residence, which he is accused of retaining illegally. Trump has pleaded not guilty to all charges. His legal team argued that the PRA grants him unreviewable discretion over classified records, while prosecutors maintain that Trump was not authorized to possess such records.
The investigation into Trump’s handling of classified documents began after federal officials discovered missing documents and executed a search warrant at Mar-a-Lago. Smith’s team disputed Trump’s claim that he had the authority to declare government documents as personal under the PRA as a defense for his conduct. Witness testimony and communications with Trump’s defense team did not support this claim. Trump’s lawyers continue to argue that the PRA shields him from prosecution in this case.
The judge has yet to rule on Trump’s motions to dismiss the indictment, and no trial date has been set. Two of Trump’s aides also face charges in the case, and their motions remain unresolved. Trump originally requested that the trial be postponed until after the fall election, but he later indicated that August would be feasible. The special counsel, however, pushed for a trial start in July, though the judge’s docket still contains unresolved motions. The trial’s timing and potential inclusion of the PRA in jury instructions remain key points of contention in this high-profile case.
