Judge Loose Cannon declares Trump NOT GUILTY

[ancianita]

33. Here are Cannon's "Preliminary Proposed Jury Instructions and Verdict Forms on Counts 1-32 Only"

https://www.courtlistener.com/docket/67490069/407/united-states-v-trump/

With respect to the proposed language pertinent to the issue of “unauthorized possession” specifically, the

parties must engage with the following competing scenarios and offer alternative draft text that assumes each

scenario to be a correct formulation of the law to be issued to the jury, while reserving counterarguments.

(a) In a prosecution of a former president for allegedly retaining documents in violation of 18

U.S.C. § 793(e), a jury is permitted to examine a record retained by a former president in

his/her personal possession at the end of his/her presidency and make a factual finding as

to whether the government has proven beyond a reasonable doubt that it is personal or

presidential using the definitions set forth in the Presidential Records Act (PRA).3

(b) A president has sole authority under the PRA to categorize records as personal or

presidential during his/her presidency. Neither a court nor a jury is permitted to make or

review such a categorization decision. Although there is no formal means in the PRA by

which a president is to make that categorization, an outgoing president’s decision to

exclude what he/she considers to be personal records from presidential records transmitted

to the National Archives and Records Administration constitutes a president’s

categorization of those records as personal under the PRA.

The whole thing as much as tells the jury what their only verdict can be -- Dismiss -- which throws out all the other counts and the whole indictment. Luckily, Jack Smith is a few chess moves ahead of this judge.