Former federal prosecutor for the U.S. Attorney's Office in the Southern District of New York, Donya Perry, is representing Michael Cohen in the criminal case against Donald Trump in New York. The argument before Judge Cannon today revolves around Trump's claim that he can keep any documents he wants based on merit. This argument is not new, as Trump has previously argued immunity from prosecution as a former president.
Trump has designated certain documents as personal, claiming they are immune from judicial review. The special counsel strongly opposes this, stating that the former president cannot unilaterally decide the nature of sensitive national security documents. The debate also includes whether these documents should fall under the Presidential Records Act or be assessed under an executive order and the Espionage Act.
Judge Cannon has allocated a full day for arguments, showing significant deference to Trump and his legal team. The judge has even reserved time for a selective or malicious prosecution argument, which is considered weak. The special counsel's office has expressed frustration with the level of deference given to Trump's arguments.
Given the unique nature of the case involving a former president's actions, the special counsel may seek further review if the judge continues to show excessive deference. While speculation about replacing the judge exists, it is considered a remote possibility. The outcome of today's proceedings will shed light on the direction of the case.
