Trump's attorneys had argued he was protected by the Presidential Records Act.
Paul Sancya/AP, that Trump should have been able to have custody of the documents in question, even after he was president, due to the Presidential Records Act.MORE: Special counsel slams idea that Trump could claim classified docs as personal records
The former president has also sought dismissal on the grounds of presidential immunity, and on claims that Jack Smith's appointment as special counsel was unlawful.Smith, in Tuesday's filing, urged Cannon to reverse course on entertaining the idea that Trump had any personal ownership over the classified materials he has been charged with unlawfully possessing.
Judge Cannon said she is declining Smith's demand that she state her position over whether the Presidential Records Act will play any role in jury instructions, calling it "unprecedented and unjust.""The Court’s Order soliciting preliminary draft instructions on certain counts should not be misconstrued as declaring a final definition on any essential element or asserted defense in this case," Cannon wrote.
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