Accepting such an argument would be “pure fiction,” the special counsel argued.
Special counsel Jack Smith, responding on Tuesday to the judge overseeing former President Donald Trump’s classified documents case, urged her to reverse course on entertaining the idea that Trump had any personal ownership over the classified materials he has been charged with unlawfully possessing.
In a late-night filing replying to an order last month from Judge Aileen Cannon requesting proposed jury instructions that appeared to accept at face value what legal experts have argued is one of Trump’s most fringe defenses – that the former president had unchecked ability to claim all classified records as his personal property – Smith argued that accepting such an argument would not only be “pure fiction,” but “meritless and fatally undermined” by all the evidence gathered by the government as part of their case.
Among that evidence, according to Smith, are interviews with Trump’s own Presidential Records Act representatives and “numerous” high-ranking officials from the White House, none of which “had heard Trump say that he was designating records as personal,”
The Presidential Records Act makes no mention of the criminal statutes under which The Messiah has been charged and there is no conflict between the Act and those criminal laws. See Carcieri v. Salazar, 555 U.S. 379, 395 (2009) (“Absent a clearly expressed congressional intention, an implied repeal will only be found where provisions in two statutes are in irreconcilable conflict, or where the latter Act covers the whole subject of the earlier one and is clearly intended as a substitute.”)