The Florida-based federal judge presiding over the criminal classified documents case against Donald Trump threw special counsel Jack Smith a curveball last month in his prosecution of the former president, potentially giving a boost to Trump’s defense.
U.S. District Judge Aileen Cannon, a nominee of the former president, requested prosecutors and defense counsel to submit prospective jury instructions that would highlight interpretations of a law favorable to Trump’s defense on or before April 2, according to a March 18 order.
In this image from video provided by the Senate Judiciary Committee, Aileen Cannon testifies virtually during her nomination hearing to the Senate Judiciary Committee in Washington, on July 29, 2020. (Senate Judiciary Committee via AP)
Trump has been arguing for months in court that he treated the documents he kept at his Mar-a-Lago property as personal under the 1978 Presidential Records Act, which allows f …