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U.S. District Judge Aileen Cannon, who heard arguments on the matter last month, permitted the case to proceed in a three-page order that rejected the Trump team claims. She wrote that the 40-count indictment against Trump makes “no reference to the Presidential Records Act” nor does it “rely on that statute for purposes of stating an offense.”
My timing is impeccable, isn't it?
In Thursday’s ruling, Cannon also defended an order from last month that asked lawyers for both sides to formulate potential jury instructions and to respond to two different scenarios in which she appeared to be continuing to entertain Trump’s presidential records argument.
“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. “Nor should it be interpreted as anything other than what it was: a genuine attempt, in the context of the upcoming trial, to better understand the parties’ competing positions and the questions to be submitted to the jury in this complex case of first impression.”
