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Judge Aileen Cannon, special counsel Jack Smith

Judge Aileen Cannon (left) during a Senate Judiciary Committee oversight nomination hearing on July 29, 2020 (U.S. Senate via AP), Special counsel Jack Smith (right) speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington. (AP Photo/Jacquelyn Martin)

The Special Counsel’s Office and Donald Trump’s defense both responded Tuesday to an order in the Mar-a-Lago case surrounding jury instructions on the Presidential Records Act (PRA), and the prosecution repeatedly hammered the former president’s arguments as “fictional,” “invented,” and “legally erroneous.”

U.S. District Judge Aileen Cannon on March 18 caused a stir by ordering the parties to file “proposed jury instructions limited to the essential elements” of Trump’s Espionage Act charges and to “engage with” two “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 [.]”

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