Special counsel Jack Smith is likely to appeal U.S. District Judge Aileen Cannon’s order after she asked both sides to submit a set of jury instructions that may favor former President Donald Trump’s legally dubious defense in the classified documents case.
Cannon last month ordered Smith and Trump to submit proposed jury instructions around competing interpretations of the Presidential Records Act. The PRA requires a president to turn over all documents to the National Archives at the end of the administration but Trump has argued it actually gives him the right to deem government materials as personal.
