Brandon Van Grack spoke to Politico about the latest clash between Judge Aileen Cannon, who is presiding over former U.S. President Donald Trump's criminal trial, and the prosecution over President Trump's interpretation of the Presidential Records Act. Trump has argued that the law empowered him to send classified material to his home and retain them, and Cannon asked both sides to submit competing jury instructions based on scenarios she had seemed poised to reject.
“The legal issue that the judge is struggling with is potentially dispositive,” said Brandon. “If she sides with the government, it is unclear what the defense would be then.” He acknowledged that Trump’s lawyers have offered other defenses, like claiming that the Espionage Act is too vague to enforce against him, but said the Presidential Records Act argument seems like the one where Trump’s attorneys think they have the best chance of winning the judge to their side.
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