Federal prosecutors expressed frustration with the slow pace of the case against former President Donald J. Trump regarding classified documents, urging Judge Aileen M. Cannon to resolve a critical dispute about Trump’s defense quickly. The prosecutors questioned Trump’s claim that he cannot be prosecuted for taking national security documents because he converted them into personal property under the Presidential Records Act. They dismissed this defense as baseless and urged the judge to make a decision on it to move the case along.
Judge Cannon had initially expressed skepticism about Trump’s defense but then surprised many by asking for proposed jury instructions from both sides that seemed to indicate she was considering adopting Trump’s position. This move was viewed as unusual, as these issues are typically addressed closer to trial, which has not been scheduled yet. By potentially accepting Trump’s argument regarding the Presidential Records Act, the judge appeared to be signaling a possible acquittal for Trump, worrying prosecutors.
The prosecutors asked Judge Cannon to reject Trump’s motion to dismiss the case based on the Presidential Records Act defense, as this would allow them to appeal her decision. They warned that if the case goes to trial and Trump is acquitted by the judge, it cannot be appealed. Since taking on the case, Judge Cannon has made several unorthodox decisions, postponed key rulings, and entertained unusual arguments from Trump’s lawyers that other judges might have dismissed.
One of the sticking points in the case is Trump’s claim that the documents he took were his personal property, which prosecutors argue is not supported by evidence. The delays in resolving such legal and procedural matters could have significant implications for the case, especially with the upcoming election. If the case is pushed beyond the election and Trump wins, he could potentially dismiss the charges. Judge Cannon has yet to rule on several pending issues, including requests for additional discovery material and redactions to protect witness identities.
Prosecutors may eventually seek Judge Cannon’s removal from the case if their patience wears thin, although this process would require them to demonstrate flawed decisions on her part. As of now, the judge’s delays in making key decisions have complicated any potential efforts to have her recused. The decision on the validity of Trump’s defense and other unresolved matters will have a significant impact on the trajectory of the case and its potential outcome.
