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Special Counsel Jack Smith hits back at judge for 'fundamentally flawed legal premise' in Trump documents case
Fox News
Special Counsel Jack Smith rebuked Florida District Judge Aileen Cannon for a jury instruction order based on a "fundamentally flawed legal premise" in the Trump document case.
Smith argued that the Presidential Records Act is not relevant to Trump's case and told the judge that the Republican ex-president was not authorized under the Espionage Act to take highly classified documents with him to his Mar-a-Lago home in Florida when he left the White House. Chris Pandolfo is a writer for Fox News Digital. Send tips to chris.pandolfo@fox.com and follow him on Twitter @ChrisCPandolfo.
"Both scenarios rest on an unstated and fundamentally flawed legal premise — namely, that the Presidential Records Act ('PRA'), and in particular it's distinction between ‘personal’ and ‘Presidential’ records … determines whether a former President is ‘[a]uthorized’ under the Espionage Act … to possess highly classified documents and store than in an unsecured facility," Smith wrote.