Neal Katyal, former U.S. Acting Solicitor General of the U.S. who has argued 50 cases before the Supreme Court of the United States, calls former President Donald Trump‘s Presidential Records Act (PRA) defense in his classified documents case “bogus.”
Note: The PRA lets former presidents keep certain records deemed personal that have no connection to their official responsibilities. Trump, who allegedly concealed national defense documents at his Mar-a-Lago estate from authorities who demanded their return, says the PRA should prevent the special counsel’s case from moving forward.
Today Judge Aileen Cannon rejected Trump’s PRA defense, but left open issues that confound legal analysts.
Katyal wrote: “Judge Cannon just rejected Trump’s bogus Presidential Records Act defense, but only for now. She has (weirdly and pointedly) refused to actually decide the issue, despite Jack Smith’s warning that double jeopardy would then apply. I think Smith has no choice but to go to the 11th Circuit on mandamus. It’s a tough standard, but it is met here.”
Judge Cannon just rejected Trump’s bogus Presidential Records Act defense, but only for now. She has (weirdly and pointedly) refused to actually decide the issue, despite Jack Smith’s warning that double jeopardy would then apply. I think Smith has no choice but to go to the 11th… pic.twitter.com/JcQzqOCJEl
— Neal Katyal (@neal_katyal) April 4, 2024
Note: On Wednesday, Trump’s former White House attorney Ty Cobb predicted that the 11th Circuit Court could ultimately decide to remove Judge Aileen Cannon from the case. He said: “the evidence of her bias is pretty palpable at this stage of the game.”
Cobb added: “Her delays here are extraordinary” and noted that it was “remarkable” that Cannon has not yet set a trial date.
Until Cannon agrees to decide on the jury instructions related to the Presidential Records Act, I’m viewing this denial as a poison pill.
It feels like she’s trying to outmaneuver Jack Smith and seat a jury before he can appeal her awful instructions. https://t.co/TNBIyMdA8O
— Angry Staffer (@Angry_Staffer) April 4, 2024