Special counsel Jack Smith is expected to appeal a recent order from Judge Aileen Cannon regarding jury instructions in the classified documents case against Donald Trump.
Cannon asked both sides to submit proposed jury instructions interpreting the Presidential Records Act, which Trump has argued gives him the right to deem government materials as personal.
Critics say this signals Cannon favors Trump’s defense and could stack the case in his favor.
A former prosecutor predicted Smith will submit the instructions as required, then appeal Cannon’s ruling before a trial date is set.
“Then he’ll have an appealable order,” former New York Assistant Attorney General Adam Pollock said.
“This is completely putting the cart before the horse,” he said. “The judge is signaling, as she has signaled from the get-go, that she doesn’t believe in this case, that she doesn’t believe the case is warranted, and she’s stacking the deck in favor of the defendant.”
“I would expect that if there is an order on these jury instructions, as she’s already signaling she is likely to order, that he’ll go right back to the appellate court,” he said.
An appeals court has previously reversed some of Cannon’s rulings in the case.
Smith is anticipated to appeal to the appellate court again if Cannon orders jury instructions aligned with Trump’s disputed interpretation of the law.
