A federal judge overseeing the criminal case that accuses Donald Trump of mishandling classified documents has signaled an openness to the former U.S. president’s defense claims, in a sign that prosecutors might face a difficult road ahead.

U.S. District Judge Aileen Cannon, who was nominated to the bench by Trump, has asked Trump and prosecutors to propose jury instructions based on two legal scenarios that favor a claim from Trump that national security lawyers said have little relevance to the charges.

Trump and Special Counsel Jack Smith, who brought the case, face a Tuesday deadline to respond to the judge’s order.

The dispute is another instance of Cannon lending credence to Trump’s legal arguments about highly sensitive records taken to his Mar-a-Lago estate in Florida when he left the White House in 2021.

  • Flying Squid
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    623 months ago

    She’s risking being taken off this case, isn’t she? I thought people were talking about that not too long ago.

    I’ll believe it when I see it, however.

    • Jaysyn
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      663 months ago

      Yes. The “jury instructions” she’s floating are actually the opposite of what the law states. This will be her third strike.

      Personally, I think she wants to get removed from the case at a late enough point that another judge can’t get up to speed in time for the trial to start before the election.

    • @some_guy
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      113 months ago

      I dunno. I’m too far removed to know the rules and processes, but I suspect there are pretty specific conditions for that to happen. Fuck him, fuck her, fuck the system.